Making a trust for someone over 18 yrs
yusuf
(Querist) 25 March 2014
This query is : Resolved
Hi there
My father has2 sons from prevoius marriage but he has divorced this women. The 2 sons have shown dishonest and shown that the can not be trusted under the guidance of there mother (my father's exwife).
My fathers wishes to Bequest them there share of inheritence only when they get married and have settled with children or if and when there mother passes away.
Can my father make a trust to this effect even though the 2 boys are both over 18 a d classed as adults?
It is also important to take into account the the elder of the 2 boys who is now 23 years has been invovled in fraud activity and the police have issued a FIR for his criminal acitivity.
T. Kalaiselvan, Advocate
(Expert) 26 March 2014
In your case, your father can make a Will (Wasiyat) which is conferment of a right of property in a specific thing, or in a profit or a gratuity to take effect on the death of the testator.
No particular form is required to make a valid Will. It may be made either verbally or in writing. What is needed is that there must be an unequivocal expression of a testamentary nature. In other the intention of he testator to make a Will must be clear and explicit.
