Legal Question in Wills and Trusts in India
my mom- in -laws WILL made by her in the year 1998 has two different dates on two pages of the WILL., which is not excepted by her daughters .it is not registered .
She has a old WILL made in the year 1970 but it is not signed by the witnesses, & also not registered & is made by lawyer. In this case is this WILL can be considered as valid.
Pl reply soon
3 Answers from Attorneys
1970 Will certainly is not valid as the signatures of Witness are not there. Registration is not mandatory but attestation by witnesses is mandatory. Has lawyer signed on the Will that he drafted it?
SEcondly even the WILL in 1998 creates suspicion and can be challenged because of two different dates on WILL unless the same is explained. Such Will cannot be safely acted upon. It must be probated in court of law.
no it is not a valid will.
the will executed later, i.e. in 1998 is valid and not the one executed in 1970 as the old will becomes invalid upon execution of a new will.
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