Legal Question in Wills and Trusts in India
Will
''A'' died by writing his Will stated that all his present and future (if any) property will go to his ''Mother''. He died in an road accident. Can his wife claim such insurance money which came into picture due to his death in a road accident, as she did not get anything from his Will. What will the Motor Vechicle Accident Tribunal will do in such conditions? Whether such Will will be recognised by the Motor Vechicle Accident Tribunal in India?
6 Answers from Attorneys
Re: Will
No. will cannot have any impact on insurance .The insurance amount payable is based on contigency and payable as per law.Therefor all dependents are entilted for insurance amount.The insurance payable on death is amount payable to dependents and not to deceased and at no point of time deceased acquire any tiltle over the amount payable.
Re: Will
The wife of A can claim the Insurance money as the same came into picture after the death of A in a road accident. The same is not regulated by the will. However it is necessary to see if A has appointed anyone as his nominee for insurance
As far as the Tribunal is concerned in my opinion it has nothing to do with the will made before A's death
Re: Will
wife can claim will will not affect insurance money
Re: Will
i think that the will can be objected. but i need more details to guide u properly.
anyway u are entitled to some part of property.
Re: Will
It wont create any force on the insurance money.
Re: Will
Yes,wife has a share in insurance money and will does not effect her right.Insurance claim is not the property of deceased.Mother of deceased is required to get probate of Will from competent court so raise a dispute relating to genuiness of Will.In case of need contact with details.Professional charges are applicable.
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