Enforcement of will
r.k.agarwal
(Querist) 02 September 2013
This query is : Resolved
my friend's father left a will where he had left all his property favouring his wife & after her death to his two sons but the wife died before her husband. Whether the will can still be executed or the will will be declared as dead?
the issue in dispute is between the daughter & the son of the testator. whereas in one para of the will, it is written that the property would be used for the welfare of his two sons & a daughter, in subsequent para the testator has bequeathed the estate to his wife & on her death to his two sons.
please advise.thnx-rkagarwal
ajay sethi
(Expert) 02 September 2013
it is necessary to go through the will to advise . the will generally contains a clause that if the wife predeceases the testator then property would be bequeathed to other legal heirs . in the present case the wife died before her husband . the property would devolve on the 2 sons .
consult a local lawyer
Rajendra K Goyal
(Expert) 02 September 2013
Well advised by the expert nothing more to add.
Raj Kumar Makkad
(Expert) 03 September 2013
The will lst its relevance soon on the death of one of the beneficiaries prior to the death of the testator so the property shall now be distributed among all legal heirs of the deceased as per law of succession.
