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Small brother claims I assaulted my father and made a will forcefully


02-Sep-2023 (In Wills / Trusts Law)
My father was very ill, he suffered from diabetes, hypertension, heart disease and he was a double amputee. I lived with my father for 24 years before his passing in 2018 and I took care of him fully. My father made a will in 2009 on my brother's name and in 2018 my father made a will stating that he gave all his children land and he is leaving the property in my name. He died 2 months after. My brother is claiming that my dad was not in his right frame of mind when he made my will and he is contesting it claiming I abused my father and forced him to make my will. I was the only sibling caring for my handicapped father with help only from my daughters aged 20 and 26 (current ages) while taking care of my father I also had to take care of my younger daughter who is currently 8 years. Two of my daughters were born in my father's house and my first lived there for 24 years. I currently reside in Trinidad (West Indies)
Answers (2)

Answer #1
964 votes
The best option is to get the probate done if the last and final will made by your father. Let your brother make allegations which are lame. Once it is proved that the will is correct and trues as per the court. His allegations has no tenability. You will have letter of administration in your favour.
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Answer #2
848 votes
you will have to Prove the will if it is disputed in court. If it is not disputed you can get it probated. Different states in India habe different laws to enforce a will. In which state do your father's proeperty lie?
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