1) will is valid
2) one of properties has been bequeathed to grand son
3) even if not mentioned as legal heir property can be bequeathed to grand son in the will
A person who wealth is self acquired totally , has a wife and daughter, his son has expired 20 years back and daughter inlaw and grandson went away and are not in touch. Now the person is almost 80 years old and he has written a will in which he has mentioned his legal heirs are his wife and daughter only. But he has also mentioned in the same will that one of his property which is a land is to go his grandson, but the same grandson has not been mentioned as legal heir in the will. Is this valid? Can a person who is given a property not later claim that he is also a legal heir as both are written in the same will? Is it legaland valid for a person to mention who are his legal heirs? Kindly guide pls.
1) will is valid
2) one of properties has been bequeathed to grand son
3) even if not mentioned as legal heir property can be bequeathed to grand son in the will
After receiving thd answer i shall ask the free followup question
WILL is valid, non mentioning of legal heir has no effect. Person can give his property to any of his choice, no matter whether beneficiary is legal heir or not.
Yes the will is valid. The person by will had made them legal heirs for rest of the property in will intent has to be seen so the person intents that the property leaving the plot should go wife and daughter so same is valid.
the Will is valid
the testator is not required to state in his Will who are his legal heirs
he only has to state who will be his beneficiaries who would be entitled to his property as per the directions in the Will
so even though the testator did not write that his grandson is a legal heir, what he really meant was that the land would go to his grandson
Will is legally valid as the intention wish of the testator can be clearly construed from contents of the will. Here the grandson will get the land and rest of the property will go to the legal heirs mentioned in the will.
If he has been named in a will and property is bequeathed in his name it will be a valid will. Even a valid will can be challenged in court.
The grandson can very well be a beneficiary under the Will, though he has not been mentioned as a legal heir. Only those stated as beneficiaries under the Will shall inherit the deceased person's estate to the exclusion of all others including legal heirs, if any.
It is valid as that discloses the intention of the testator.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
the will executed by you is VALID in the eyes of law,
non-mentioning of legal heirs doesn't make it INVALID,
don't worry,
For bequeathing a property through a Will, the beneficiary need not be a legal heir of the testator.
Since it is his self acquired property the testator can bequeath his property to his grandson, it is his own decision to do so, which cannot be objected by anyone and for this bequest, the beneficiary need not be his legal heir.
Even otherwise, legally speaking his grandson becomes one among his legal heirs because he is the legal heir of his pre-deceased son who happens to be his legal heir.
However the question on this is not on legal heir but about the bequest made in the Will and to enforce it as per law.