Execution of will
nagaraj
(Querist) 22 July 2008
This query is : Resolved
My father in law, has two legal heirs, his children, a son & my wife.
His will does not include all his assets.
Also, he has Insurance policies, which name his son as the nominee, but finds no mention in his will, as is the case with his bank accounts.
His will makes no mention of any of his assets like silver & gold articles, in his house.
Presently his son resides at the house.
My fil passed away some time ago.
How does my wife get what belongs to her.
Srinivas.B.S.S.T
(Expert) 23 July 2008
Sir your wife will get what has mentioned in the will. A brief presual of your query shows that your Father in law has left bank accounts and LIC policies to which his son is a nominee. Which clearly leaves us the presumption that either he knows the law pretty well or he might have consulted a lawyer before drafting the will.
Guest
(Expert) 23 July 2008
Articles like gold and silver used by his wife will belong to her if there is no mention in the will.
In bank account and insurance policy she can claim a reasonable sum aas maintenance from her son, if he is not sharing it.
Nomination doesnot mean that he has exclusive right over the money, it is only for convenience.
arunprakaash.m.
(Expert) 23 July 2008
Fist thing is that as per the will the properties mentioned in the will go according to the details mentioned in the will.
Secondly the rest of the properties will devolve accoding to intestate succession of the deceased according to his religion.
K.C.Suresh
(Expert) 24 July 2008
The wealth/assets movable or immovable which are not included in the will go to other heirs in intestate succession of the decesaed father. If ther is any bar to by custom or religion may be looked out.
ANNAL P
(Expert) 10 August 2008
the properties whether movable or immovable, other than those mentioned in the will, shall automatically devolve on all the legal heirs according to intestate succession of the deceased according to his religion
