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Can relatives foul play in case of unregistered will by father?
09-Jan-2023 (In Wills / Trusts Law)
My dad has written a handwritten Will on regular paper, signed by himself and two witnesses. However. it has not been registered. The Will clearly states that after his death all his assets are to be divided equally among his two sons and he also states that he is writing it in sound mind and without any coercion. The Will has been signed by him and witnessed and signed by two persons and this will was written in the year 2000. He has also submitted the nomination form for the co-operative society flat that he owns and has nominated his two sons equally for transfer after his death. The same has been done with savings bank accounts and FD's and shares. My question is - considering the elapsed time since the writing of the Will and the fact that it has not been registered, is there any chance of foul-play after his death?
Will doesn't require any specific format and it need not be registered. The sine qua non for a valid Will is that it should be made by a person of sound and disposing mind and should be attested by two witnesses, meaning thereby that all should sign the Will at one and the same time. Will also doesn't have any limitation period, so not to worry. So long as witnesses corroborate execution of Will by testator, there is no problem. Only thing is you have to establish that the same was executed by testator in sound and disposing mind.
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Adv. Sushil Khemraj Chaurasia
Mumbai | 25+ Answers
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Will of your father is still valid and now if you want to register, you can register the will of your father. There is no chance of fool-play after your fathers death. After your fathers death you can make his will probate in the court.
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Adv. Rashmi Nilesh Parmar
Mumbai | 100+ Answers
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The important requirements for a will are not fully met:
1. You should ask him to re-write a will, most preferably drafted by a lawyer which incorporates all the legal terminology. The legal terminology leaves no room for misinterpretation.
2. You should make him sign the will with two witnesses, as well attach medical certificate saying that he was mentally & physically fit to understand the contents and sign the will.
3. Will need not be registered, but if it is, it has more legal value.
4. You should seal the will, so that after his demise, only then can the will be reopened by the pre-appointed executor of the will.
After complying with the above requirements, the will would have good probative value.
1. You should ask him to re-write a will, most preferably drafted by a lawyer which incorporates all the legal terminology. The legal terminology leaves no room for misinterpretation.
2. You should make him sign the will with two witnesses, as well attach medical certificate saying that he was mentally & physically fit to understand the contents and sign the will.
3. Will need not be registered, but if it is, it has more legal value.
4. You should seal the will, so that after his demise, only then can the will be reopened by the pre-appointed executor of the will.
After complying with the above requirements, the will would have good probative value.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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