Legal Question in Wills and Trusts in India
My Father died after making 2 wills. The 1st one was in favor of me and the second one was in favor of my sister. Both the wills are properly drafted & notarized. The medical certificate was obtained and the will was signed by 2 witnesses. An executioner was appointed.. There is no mention of 1st will while making 2nd will. Can the 1st will be challenged & evoked. What is the status of the 1st will? Does it stand cancelled?
Asked on 4/11/11, 9:21 pm
2 Answers from Attorneys
Shrichand Nahar
S.V.Nahar, Advocate
Generally, upon execution of a second Will, first Will stands revoked.
Answered on 4/11/11, 10:06 pm
Sanjay Kalra
Sanjay Kalra & Associates
When there is no mention of 1st will in the 2nd will .How would anyone know that which one is 1st one and 2nd one. Both the wills can be challenged.
Answered on 4/12/11, 5:14 am