Mistake in will.
N.K.Assumi
(Querist) 15 September 2008
This query is : Resolved
Can a will be invalidated on the ground of mistake?
N.K.Assumi
(Querist) 15 September 2008
Like testator's mistake short of fraud on a will.
Aniruddha.P.Pawse
(Expert) 15 September 2008
Depends on the mistake committed in a will.
Manish Singh
(Expert) 15 September 2008
sir,
if some fraudulency is proved, then the will shall be held void.
but a simple mistake or somrthing can not be a ground of holding it void. a mistake can be corrected by codicil to that will.
Murali Krishna
(Expert) 15 September 2008
Yes, Manish correctly said. the general principle is that the latest para in the will prevails over others. If there are any mistakes, testator can correct by a codicil or by making a fresh will.
N.K.Assumi
(Querist) 16 September 2008
Tanx all of you.
arunprakaash.m.
(Expert) 16 September 2008
subject to the interpretation of the court. mistake of fact will be considered.