what happen if beneficiaries of will predeceased.

Ritesh Rathod (Querist) 29 November 2017 This query is : Resolved
Dear sir, how will of person can be executed incase of death of beneficiaries of will?. And is it possible to execute a will only for Bank balance or it should be contain all the property of Testetor.?

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Guest (Expert) 29 November 2017
Legal Heir Certificate of the deceased beneficiaries of the will would solve your issues

SHIRISH PAWAR, 7738990900 (Expert) 29 November 2017
Will can be executed only for bank balance.

P. Venu (Expert) 29 November 2017
What is the real problem? You have not disclosed the complete facts.

Kumar Doab (Expert) 29 November 2017
The language of the query and title of query are somewhat different.

Looking into both: The attorney that is about to draft the WILL or counsels of the Testator or testator itself can narrate in the WILL the steps to be taken in such eventuality…….e.g; There can be more than one beneficiary and It can be clearly mentioned that if beneficiary say at Sr.No;1 dies before death of testator then……………..legal heirs namely of beneficiary shall get the estate/property narrated and disposed by WILL (valid WILL) or beneficiary say at Sr.No;2 shall get the estate/property….

The narration in WILL may give rise to many grounds and factors.

Kumar Doab (Expert) 29 November 2017
Generically speaking; In specific events it may mean that gift meant to be given by way of WILL has lapsed if beneficiary has died before testator.
Any estate/property e.g; funds in just one particular Bank a/c or more than one Bank a/c or any other estate other than Bank a/c or in addition to Bank a/c ….can be narrated and disposed by WILL…

If just Bank accounts is mentioned it may imply all bank accounts….

It is not mandatory to mention all estate/property of owner/testator in WILL if testator does not wish to dispose all estate/property by said specific WILL…

Any estate/property that is not narrated and disposed by WILL shall be open to succession per applicable succession laws……

The testator and IT’s Attorney’s/counsels should make the description of disposal of estate/property and beneficiary(ies) and events …………….clear and avoid ambiguity.

Kumar Doab (Expert) 29 November 2017
WILL is in IT’ own sense is a private document containing private wish of the owner/testator and last wish of testator in (valid) WILL is supreme. It is legal document. It should be in conformity with applicable law.

If the beneficiary (that deceased before testator as per title of the query) was legal heir of the testator or sole legal heir then per succession laws say; Hindu Succession laws, the legal heirs of the deceased are to succeed to the estate/property narrated/disposed by WILL.
In such case the legal heir certificate can be of help to claim the said estate/property.

Kumar Doab (Expert) 29 November 2017
In Indian Context you may go thru:
Central Government Act
Section 105 in The Indian Succession Act, 1925
105. In what case legacy lapses.—
(1) If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator’s property, unless it appears by the Will that the testator intended that it should go to some other person.

https://indiankanoon.org/doc/1535476/

If not and otherwise also for your academic interest you may go thru:
‘The doctrine of no residue of a residue…..’

Kumar Doab (Expert) 29 November 2017
If the matter at your hands is covered by the provisions of the above mentioned enactment you may relate.

If not you may relate with applicable enactment(s).

Asgher Mahdi (Expert) 21 May 2018
Upon the death of the Will beneficiary, the benefits of its goes to next of the beneficiary and same can be done by proving through record of having the son/s or daughter/s or claimant? Depending upon the desire of the testator Will can done either to Bank accounts and even so separately or property or both depending up the situations. However, in case of Bank Accounts generally a practice already nomination person are nominated.

Ms.Usha Kapoor (Expert) 01 July 2018
I agree with Asgher Mahdi.

Kumar Doab (Expert) 08 July 2018
If owner/testator has decided on beneficiary of his estate including bank account and signed valid WILL IT is appropriate to change nomination in favor of beneficiary..

Kumar Doab (Expert) 08 July 2018
One can pursue the
RBI; Master Circular on Customer Services;19,20
https://rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=9862

The bank can discharge IT's responsibility by making the payment to nominee if there is restraining court order..
The (valid) WILL shall prevail upon nomination..

what happen if beneficiaries of will predeceased.

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