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.
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?
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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.
Hello,
Thank you. On a slightly different note, if parents have already written a will, and then they write another will for the same properties on a later date, then does the second will supersede the first will automatically based on the later date? Or does the second will need to explicitly mention that this will replaces the first will?
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.
If the properties mentioned in earlier will and subsequent will is same, subsequent will prevails nullifying earlier will.
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.
Hello,
Only the last Will shall be held valid and effective .
For other properties instate succession will prevail.
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.
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.
- 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 .
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.
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
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
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.
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.
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