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CAN FAMILY AGREEMENT BE DONE IF THE WILL IS NOT PROBATED?
09-Jun-2025 (In Wills / Trusts Law)
So my question is that can there be any contract or agreement between families, if the will is not probated
Yes, even if the will is not probated, family members can enter into a mutual agreement or contract regarding the distribution of assets, provided all legal heirs consent. However, in jurisdictions where probate is mandatory (e.g., Mumbai, Kolkata, Chennai for wills made by Hindus), the will has no legal force unless probated. In such cases, the agreement among heirs would be valid only for movable assets or uncontested rights. It is advisable to execute a family settlement deed duly signed and, ideally, registered to avoid future disputes. Probate gives legal sanctity to the will, but mutual agreements can work when there's no dispute.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Yes, a family arrangement can be made provided all the beneficiaries in the Will are agreeable for the same and do not raise any objection. Fe free tk contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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When a will exists, but isn't probated, or if there's no will at all, family members can enter into a legally binding agreement to determine how the assets will be divided. This agreement can outline how property, money, and other assets are to be distributed among the heirs.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Yes, even if the Will is not probated, a legal agreement between family members can still be executed. However, such an agreement must be clear, made with the mutual consent of all concerned parties, and preferably registered. The value of such an agreement can also be recognized and accepted in court...
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Adv. N. A. Rangapur
Thane | 25+ Answers
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