You can apply for probate of will
it has to be proved that Will was executed by your sister
there are suspicious circumstances surrounding the will as first 2 pages are not signed
My sister had made a statement bequeathing her property to all the siblings except one. It has run into three pages. It is signed and duly witnessed. However, she had not signed on the first two pages. Kindly let us know whether we can enforce the will.
Whether the release deed is final or whether there will be restoration on the demise of one of persons to whom he has released the right.
You can apply for probate of will
it has to be proved that Will was executed by your sister
there are suspicious circumstances surrounding the will as first 2 pages are not signed
Yes the will can be enforced if same is signed by her and witness you can file for the probate of the will.
If release deed is made in life same is valid. The person on whose favour right is released has right.
1. The Will does not require signature on all the pages.
2. So if the testator was mentally and physically fit then the Will is valid as signed by two attesting witnesses.
3. So the Probate can be taken out on the basis of this Will.
4. However the beneficiaries of the Will can always relinquish their shares in favour of another.
The registered release deed relinquishing the rights in the property is final and the beneficiary becomes the absolute owner of the property by the virtue of this release deed.
Subsequent to the death of the beneficiary the property shall devolve on his own legal heirs.
release deed can be challenge,need to have solid grounds and proof stating that the deed was made fraudulently. if dont have any proof then their is no point challenging it as the case may not sustain merit in the court..
if the will is registered?
apply for probate of the will,
(registered) release deed is final and beneficiaries become the owner of the property by virtue of release deed,
upon the death of such beneficiary, the property will be distributed among his/her legal heirs
The release deed is final and the will can be executed if not contested by any one as the first 2 pages are not signed and that can be changed.
Dear Sir,
It is a valid Will. Never think in negative way since because she has not signed on two front pages. On the demise of one of the beneficiary of the Will, his LRs will be entitled for such portion of property.
1. will can be enforced
2. release deed if registered, becomes final, unless it is sought to be cancelled by filing a suit on grounds of release deed having got executed on account of undue influence, fraud, misrepresentation, coercion
Dear client
Yes you can execute the will as a will typically have signature of the executant on the last page of will.
And it will be considered as a valid will.