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Property bequeathing - what happens if it is reconstructed?
28-Oct-2023 (In Wills / Trusts Law)
Hi,
I need some help while drafting a will. Can you opine on:
1) Can the executor be the same as the beneficiary?
2) Can adult family members, who are not beneficiaries, be witness in a will?
3) In case of house property that is included in a will, what happened if the house is reconstructed before the will is executed? Does the new house (or flats in a flat scheme) automatically pass on to the beneficiary?
Thanks!
1. No, the Executor is the one who helps in executing a will after the death of the testator. The testator as per his will appoints/nominates a testator to distribute the assets. Distribution of assets as per the will takes effect after the death of the testator.
However, an executor can be made a beneficary too. It depends upon the testator whether he wants to make the Executor a Beneficary or not.
2. Yes, adult family members who are not beneficiaries can be appointed as witnesses while making the will.
3. Yes, the new house or flats in a flat scheme will automatically pass on to the beneficiaries in your case.
However, an executor can be made a beneficary too. It depends upon the testator whether he wants to make the Executor a Beneficary or not.
2. Yes, adult family members who are not beneficiaries can be appointed as witnesses while making the will.
3. Yes, the new house or flats in a flat scheme will automatically pass on to the beneficiaries in your case.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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This is my response to you:
1. The executor can be the same person but it is preferred it is someone outside;
2. A doctor and another person can be a witness;
3. The house cannot be touched as that would alter the terms of the Will;
4. Consult a local lawyer and take steps.
1. The executor can be the same person but it is preferred it is someone outside;
2. A doctor and another person can be a witness;
3. The house cannot be touched as that would alter the terms of the Will;
4. Consult a local lawyer and take steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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