Legal Question in Wills and Trusts in India

Re: Change of Registered Will

There are two manners in which this change can be made.

A codacil (or amendment will) may be made out and registered either in the same jurisdication it was made out in India or made out in the USA in the presence of two witnesses who also sign in presence of each other prefere\ablly one being a family doctor who will testify on your ablity to understand the contents of the will when it was signed and another an upright citizen who would in all probablity not predecease you, so that if required he can give evidence or file affidavits before the probate courts.

If you have property in the US I is also better to incorporate all necessary formalitites required by your local laws also, and if necessary your heirs can probate the will in the US and the US Probate will be accepted in India also. Also as you have property in India if is better if this will is registered or attested by the local or nearest Indian Counsel also.

Re: Change of Registered Will

Dear Gentleman:

Notwithstanding any earlier Will(s), one can write/re-write will any number

of times. The only precaution one must take is that in the subsequent Will

one must make a recital to cancel the earlier Will with particulars of

registration. It is further advisable that since your first Will was

registered you get you subsequent Will also registered. Will can be made and

registered anywhere in the World in respect of any property. Your being a

US citizen would make no difference. In India succession is governed by

one's religion.

You can get your Will registered with the office of Registrar of DEED in

your borough or get it attested from India Commission in your state.

Regards,

Bhushan Arya

Re: Change of Registered Will

I doubt anyone knows India law, but almost universally, and certainly in the USA, a Will can be changed at any time, and the previous Will is then revoked. This generally means the prior Will [even if in India] is null and void -- unless you made a contract with someone to keep any terms of the India Will in effect. Even in California, a contract to make a Will is enforceable. So, the simple answer is you can change your Will at any time, and there is no requirement for you to register your Will anywhere in California while you are alive.

Re: Change of Registered Will

`You can, at any time, write a Will, which shall automatically supercede any previous will. However, since your earlier will was registered in India, and since there is no such requirement for registration in USA, you can have the new Will attested before the Indian Counsel General, or by any Public Notary in USA.

Re: Change of Registered Will

Since you are a US citizen,you will be governed by US succession laws.If you want to change your will,you will have to make a fresh will as per US laws.However by way of abundant caution it will be better to revoke your earlier will for which you will have to file a revocation deed and get it registered in India.

Re: Change of Registered Will

If you have property in India, succession to it will be governed by Indian law. You may make a fresh will, witnessed by two persons, of any nationality, who do not get anything as per the new will. It need not be registered, though registering it will be a good idea, in case of a future dispute amongst your successors.