Will- can a conditional will be made with a beneficiary
Querist :
Anonymous
(Querist) 06 May 2018
This query is : Resolved
A childless couple want to write a will to make the wife's brother,' theBeneficiary' of all their movable and immovable property. The brother has consented to look after them in their old age until their demise. they have kept sufficient monetary proceeds needed for their medical /nurse expenses if required for the future. The brother need not spend any money on them ,they say. The couple as they have no issues and are not close to their relatives who according to them are undeserving have nominated the wife's brother for their future moral, and physical support. the brother too has consented to look after them. The couple has informed the brother of their intention to will him everything and for that they want him to look after them. They do not want to appoint an Executor.Is this right? they want know after registering the WILL where else can they place it in safe custody. How will the Beneficiary be informed of the WILL on their death. Can they make a conditional WILL ,inform the Beneficiary of their intention and give him a copy of the WILL too as it is reciprocal..ie..If the brother promises and consents to take care till their end with respect and love and provide all healthcare whenever needed and for this they will write a Will in his name.the Will will take effect only after the demise of both Please Help
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Vijay Raj Mahajan
(Expert) 06 May 2018
Will of a person is with regard to his self acquired/owned property, immovable or movable as the case may. If the properties in question are jointly owned, each of the person can make Will with regard to his or her portion of the properties owned by him or her. The condition imposed in the Wills for beneficiary to take care of each of them during their old age till their death can be made. The beneficiary can himself be named as executor each of the Wills. The Wills of both persons (husband and wife) can be got registered with the Sub-registrar and copy of the same thus remains with the Sub-registrar as official record. The original copy of each of the Will can even be kept in the safe deposit vault of the Sub-registrar that can be opened after the death of each of these persons. The true copies of these Wills can be given to the beneficiary or anyone else, may be the family doctor or family lawyer.
Querist :
Anonymous
(Querist) 06 May 2018
thank you for the reply.Sir,the property is self acquired.nominations have been made in the banks ,postal, FDs etc in The beneficiary's name.The testator has mentioned in the WILL that The beneficiary is aware of the contents of the WILL. Is this legal ?should the copy of the registered WILL be Notarised and retained with the Beneficiary?Since the Testator has not appointed an Executor nor has he entrusted the copy of the WILL to anyone else in the family nor bank or lawyer or his CA to maintain confidentiality ,will the Beneficiary find it difficult to execute the WILL in his name .Is the WILL sufficient to transfer the property in Beneficiary's name without problem.The testator feels there should not be any problem as he has clearly mentioned that the person named in the WILL is the Sole beneficiary.there should be no doubts and no legal issues and no further claimants as he has written the WILLin full senses.
Kumar Doab
(Expert) 06 May 2018
Which personal law applies in the matter?
or all involved Hindu?
IT is mandatory to probate the WILL in areas of Bombay, Calcutta, Madras..
You can also consider the perspective of settlement deed with life rights..
You may also go thru;
RBI Master Circular on Customer services ;19,20,21..
Kumar Doab
(Expert) 06 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
R.Ramachandran
(Expert) 06 May 2018
If the property has to pass to the beneficiary without any trouble/problem, then it is advisable to make a REGISTERED WILL.
The copy of the Registered WILL can be given to the beneficiary. No problem about it.
In case the beneficiary misbehaves during the life time of the persons making the WILL, they can always revoke/Cancel the Registered WILL. That is the beauty of the WILL that it can be cancelled and written any number of times. Only the last WILL will prevail.
Querist :
Anonymous
(Querist) 06 May 2018
Thank you,Sir
Querist :
Anonymous
(Querist) 06 May 2018
Thank you,Sir
P. Venu
(Expert) 07 May 2018
Yes, there is no need to make the WILL conditional. The testator(s) can change or make a fresh Will at anytime, at their discretion.
Ms.Usha Kapoor
(Expert) 01 July 2018
Agree with Ramachandran and Venu.
