Legal Question in Wills and Trusts in India

Re: Validity of Will against Nomination

So far as the Bank is concerned, it will make the payment to the nominee, notwithstanding the will. However the nominee is not the owner of the amount. The beneficiary under the will can ask the nominee to restore the money to him/her, as the case may be. If the nominee declines to act in conformity with the provisions of a valid will, the beneficiary under the will can approach a court of law for enforcement of his/her rights.

Re: Validity of Will against Nomination

The terms of the Will take precedence over all other forms of disposition. However, the recitals in the Will has to be perused in detail, and see whether the Will needs to be Probated by the administrator.

Re: Validity of Will against Nomination

It is the will that is valid and you have to accept that, it is made in your mother's name. the nominee facility is only to facilitate the drawing of the money and nothing more.

regards

B.balasubramanya

Advocate.

Re: Validity of Will against Nomination

Will shall over ride nomination - nominee is a mere Trustee - if he refuses to act in accordance with the will - you will have to get a succession certificate or probate - depending upon where the deceased last lived and where the property is located.