Missing members in a will
Querist :
Anonymous
(Querist) 07 September 2021
This query is : Resolved
Hi,
If a "WILL" registered specifies that the testator has only one child. However, the testator has more than 1 child.
NOTE: Testator is uneducated here so a transcriber was used to write the WILL
Is the WILL considered valid?
K Rajasekharan
(Expert) 07 September 2021
Such a matter will not invalidate a Will, if it is proper in all other respects.
kavksatyanarayana
(Expert) 07 September 2021
When once a Will is executed by a Testator and the two witnesses and scribe signed, though it is not registered is valid.
Dr J C Vashista
(Expert) 08 September 2021
Contents of will shall be honoured, however, it can be challenged by other than beneficiary, who is to prove its execution validly in probation.
Querist :
Anonymous
(Querist) 08 September 2021
the WILL states that the testator has only 1 child when the testator has more than one. Would the WILL still be considered valid?
K Rajasekharan
(Expert) 08 September 2021
As per law, a Will should include “who all should get what all assets” belonging to the testator, as its core.
It should not normally include how many children the testator has etc. Even if such matters are included unnecessarily in its contents and even if there is some unintentional error in it, such things will not invalidate a Will. Such things does not matter much in a sensible court.
What the court look into is what was the intention of the testator evolving out of the wholistic reading of the Will as to division of his property alone. A court handling a case on Will is not expected to look into anything else at all even if the maker of the Will include some extraneous things in it out of his inexperience.
But the court can invalidate the Will if there are some procedural lapses in making it or the details of the beneficiary or the assets leave some errors in them.
ADVOCATE NITIN KAPOOR
(Expert) 09 September 2021
Will is valid....
You may challenge the will but the grounds must be very strong and robust.
SHIRISH PAWAR, 7738990900
(Expert) 09 September 2021
Hello,
As per my opinion, you can challenge the 'will' on the grounds mentioned in the query.
Advocate Bhartesh goyal
(Expert) 08 September 2021
