• Multiple wills with different assets listed

If parents write two different wills on different dates, and each will lists separate assets that are mutually exclusive, e.g. one will lists properties only, the other will lists cash assets, then are both wills valid?
Asked 2 years ago in Family Law
Religion: Hindu

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19 Answers

For the convenient administration of his estate, the law permits a person to make more than one will in respect of different items of his property and to appoint different executors in respect of different parts of his property.

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Hello,

  1. Both the Wills would be valid as the latter one will be treated as a codicil which a modification or addition to the first one and as a testamentary document it is valid in law.
  2. Secondly as the assets are exclusive of each will, it will show proof that the subsequent Will is not a duplicate of the first and does not cancel the second one.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

Second will supersedes earlier will 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Both the wills are valid and enforceable as subject of wills is different. The last will cannot operate as cancellation of first will property being different.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

If the properties mentioned in earlier will and subsequent  will is same, subsequent  will prevails nullifying earlier will.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Yes, both WILLs are valid for different properties immovable and immovable. 

 

Second WILL be valid.

 

All different WILLs need to get probate from court. If they are not registered.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hello,

  1. A Will that is properly  drafted has to have the statement by the testator that it is his/her lat Will and Testament and any Will made stands cancelled.
  2. Therefore ideally it has to be explicitly mentioned that the Will replaces the previous one. 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

Only the last Will shall be held valid and effective .

For other properties instate succession will prevail. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

The will that has been written later on would be the valid will because in each of the 2 wills the other has not been mentioned. Therefore it is accepted that the 2nd will is the valid one.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

The second will supersedes the 1st one.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. The latest WILL supercedes all the previously executed WILLs.

2.  There's no need to explicitly mention that this WILL replaces all the previously executed WILLs. However, to avoid confusion, it's better to include that " this WILL supercedes all the previously executed WILLs".

3.  Only the latest WILL will be the legally valid one.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

- As per law, only the last WILL is valid and legally can executed .

- However as both WILLs for separate property and not mentioning the contents of First Will , then both WILL is valid . 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

The Will written subsequently shall alone be considered as legally valid Will and the former Will cannot be enforced even thought he contents and the properties in both the Wills are different.

Nothing prevented the testator to include all the properties i.e., both the movable and immovable assets in the same Will, hence it can be considered as that the latest Will had superseded the previous Will, hence the previous Will becomes non-effective or revoked automatically.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You are complicating the simple things into a situation that would not have an answer in the law especially when such complicated Wills are being enforced after the death of the testator.

Thus it is advisable that the testator may be advised to include all his properties in the same Will and show them as different schedule of properties and  may be allotted to the beneficiaries as per his desire in the same Will. He can even make a mention in the current Will that all his previous Will stands cancelled 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes both wills are valid but if it has any confusion the last will will be valid. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Dear Sir

Since the two wills deals with different properties, they should both be considered valid.

However in case they are regarding the same property, the latest will shall revoke the earlier one.

To prevent any confusion, it is advisable to destroy any older wills which contradict the newest will.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. Yes, the two separate wills executed in connection with two separate properties are perfectly valid as per law.

 

2. Apply for grant of probate for the same to have legal seal on the said two wills.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. The second will automatically supersedes the first one as per law even without explicitly mentioning that the last will supersedes the first one.

 

2. However, grant of probate for the second will is required to have legal seal on it.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

To answer your first query - If the subject matter of the two wills is different i.e. mutually exclusive as in this case, then both the WILLS are valid.

 

As for your second query, the last will supersedes all previous wills, even if it has not been explicitly mentioned in the last will that this will replaces the first or previous will

Indu Verma
Advocate, Chandigarh
71 Answers
8 Consultations

5.0 on 5.0

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