Legal Question in Wills and Trusts in India
If a testator dies testate leaving behind an un-registered Will, can his heirs/beneficiaries settle his estate partially on Intestate basis without revealing the Will and partially on Testate basis at their whim and fancy? Is it not mandatory to follow the Will? Is it not illegal to adopt such a dual method in settling the estate of the deceased?
Asked on 9/29/15, 10:58 pm
1 Answer from Attorneys
Vivek Mapara
Vivek N. Mapara
If all the Beneficiary under the WILL, elect to settle / partition the property or act as per mutual understanding then yes they can mutually avoid the WILL. But even if one of the beneficiary under the WILL object to such arrangement, then provision of the WILL has to be followed.
Answered on 10/01/15, 9:03 pm
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