Probating the will
Tarun
(Querist) 03 August 2012
This query is : Resolved
HI,
My Bachelor brother died and made a will of 2 pages.
He has made a handwritten will. First he named my 2 nephews as beneficiaries and got it attested through witnesses.
Later he changed his mind and made changes in the will and named 3 of my other sisters children as beneficiaries.
All the changes made are handwritten and are not attested by any witness the second time.
Only he has attested the same. But on second page old beneficiaries still appear as he has forgotten to cancel their names.
In such circumstances whether this will can be probated.
Thanks and Regards,
PTG.
ajay sethi
(Expert) 03 August 2012
contact a local lawyer .w ihout going through the provisions of will it would be difficullt to advise
Raj Kumar Makkad
(Expert) 04 August 2012
In the given circumstances, nephews seem prevailing over sons of sisters because their names have duly been witnessed and moreover despite of mentioning/changing his mind, he again mentioned his nephews. This opinion is based upon your facts but definitely it shall be better to show that will to a lawyer who shall read and shall derive proper conclusion thereto. Probate is must at least in such disputed matters.
