Joint will
shyam lal
(Querist) 11 January 2021
This query is : Resolved
Out of three brothers two elder brothers have made a JOINT WILL in favour of the youngest brother pertaining to un divided family property Query is what happens when one of the signatory of the WILL expires.does then the WILL HAVE ANY LEGAL BEARING
Isaac Gabriel
(Expert) 12 January 2021
The onerous lies on you.You haven't stated whether the property is hereditary ad legal heirs. Any way consult a lawyer if you have reservations in the enjoyment by younger brother as per will.
shyam lal
(Querist) 12 January 2021
Attention Gabriel property is inherited kindly advice beside suggesting to look for another advocate joker like you in Christ's name.
K Rajasekharan
(Expert) 13 January 2021
A joint Will is a Will made by two or more testators in a single document. It is executed by each testator. It can dispose of either their separate or joint property.
It is in effect two Wills and it works in the manner what it states or what is construed from its description. It operates on the death of each testator as his Will disposing of his own separate or joint property as the case may be.
However, on the death of the one testator the surviving party cannot alter the Will even if he wants. It can be altered only when two of the testators are alive and only jointly.
A Joint Will can be made in the form of a Mutual Will also. In such a case after one party dies his property will be left to the surviving party and after the surviving party dies, the entire property will be left to the persons to whom the testators bequeath it.
T. Kalaiselvan, Advocate
(Expert) 07 June 2021
A joint will can be revoked at any time during the lifetime of the testators or after the death of one of the testator.
If one testator has died without disposing of his property and has not revoked the joint will, the other testator has the right to do so, although an agreement has been made.
A joint will can be executed with each other or with the third person in accordance with a proper agreement or contract in order to transfer or dispose of the property. A joint will can be made with another person through an agreement but it cannot be revoked by one testator.
When a testator enters into a contract or agreement with another person, the clause of the will should be definite so that the joint testator cannot revoke the will.
The concept of joint will is hardly used because it is not possible for the surviving spouse to change the terms and condition of the will, as it may not give him or her right to dispose of the property of the deceased. The survivor may not able to make an alteration in the will because:
It puts a restriction on the money that is going to be inherited by the child who is financially weak.
If the child gets the property very early, they may misuse the property or may sell it to another person at a very low price.
