Hello,
Making a registered will is always preferable. The same will also reduce future complications and running to the court after the demise of your mother.
Regards
Should my mother make a will
Hi, My father expired last year. My mother has two children - a married son (myself) and an unmarried daughter (my sister). My mother has all three types of properties - self acquired, inherited from her husband (my father) and inherited from her own father (there is an agricultural land that she jointly owns with her brothers and sisters). She wants to ensure that after her demise her properties are given equally to her children and not to other relatives. She only married once (to my father) - so there are no divorces or other such complications. Would this be the case if she dies intestate (as per Hindu succession act) or should she make a will? Kindly advise.
Asked 3 years ago in Civil Law
18 Answers
On mother demise intestate her properties would devolve on her 2 children only
2) since your mother desires to bequeath 2 properties equally to her 2 children there is no need for her to execute a will
She can make a will in the same. But if father died without will all children will have equal share along with mother.
After the death of your father, his property is inherited by you, your sister and mother in equal share i.e 1/3rd share each. After her death her 1/3rd share would devolve between you and your sister in equal share I.e. 1/2 share each.
In her self acquired property you both would get 1/2 share after her demise.
Her share in her father's property would come to u both in equal share.
Hence, in my opinion there is no need to execute a Will under the given circumstances.
- If she dies without executing any will, her self-acquired, property inherited from husband and property inherited from father will devolve on her children in equal shares.
- A will can only be executed in respect of her self acquired property and property inherited from her father to the full extent.
- She can execute will only to the extent of 1/3 of her share in property inherited from husband. Remaining property will devolve in equal shares on her two children.
If your mother would like to get her two children an equal share in her properties she can transfer the properties lying on her name by executing a conditional registered settlement deed by withholding life interest in the properties.
In the agricultural properties which she is yet to get her share, she can write a Will bequeathing her share of property equally to her two children.
Please be aware that even without making any such arrangement by yor mother during her lifetime, the properties on her name shall devolve equally on her two children equally after her intestate death.
Hwr property will go to her children only after her demise. They have the first right over her property. Therefore there os no need to make a will. Although a will can be made by her stating that the property will be divided equally amongst her children.
In order to settle any issue that may arise in future, it is better your mother writes a Will clearly distributing her assets to whoever she wishes.
- As per law, after getting the property from the ancestral , it will considered as self acquired property of your mother , and she is having her right to transfer the entire properties by way of gift deed during her life time , and by way of a WILL as well.
- Further, after her demise , you both will have equal rights in the property and none can claim any right over the same.
Will is the only answer if you want to save your time and money in future.
Dear Client,
The main reasons why a person mostly have a will are to save time, money, and stress for your loved ones, determine who will manage your estate, decide who gets your assets and property and who does not.Any new will or codicil should be made by a person of a sound mind who is not under any undue influence or fraud or coercion. He should make the will in writing and sign it in the presence of at least two witnesses. The witnesses too are required to sign the will.
Whether you are married, single, have minor children or own even a nominal amount of personal assets or property, you should have a will. In fact, every eligible adult should have a will or other means to control the disposition of his or her assets.A will is a legal document that dictates the distribution of assets when you die. If you die without a will, state law governs. You definitely need a will if you are married, have kids, or have a lot of assets.
Thanks & Regards
Thanks for your replies. In the unlikely case where I expire before my mother's death. Then after death of my mother - if she hasn't created any will - would my (son's) share in my mother's estate be given to my wife or would all of my mother's estate go to her remaining child (my sister)? I would like in such a scenario that my share should go to my wife. How can I ensure that?
Asked 3 years ago
In the described situation, the property left behind by your mother shall devolve equally on all her legal heirs, if in that situation she shall be entitled to a share out of your share in your deceased mother's property.
If mother dies intestate your share would devolve on your wife
Your mother may state in her Will that in case your death precedes hers, your share shall go to your wife.
It will be divided into all available heirs if son js not there.
Dear Client,
If a beneficiary dies between the point when the Will was made and the death of the testator, under this scenario the beneficiary's estate will usually haveno benefit from the Will. If the beneficiary has died before the testator, the benefit is said to have lapsed, although there are exceptions to this rule.
Hope this clarifies your query and requirement.
Thank you.
Hello Sir,
As you and your sister are the only two children of your mother, after her demise, all the property shall be inherited between you two. So there won’t be an issue if she dies intestate. HOWEVER! If you and your sister have some preferences about who should inherit which property, I suggest getting a WILL made in this case. As, it may lead to dispute later on about who should get which property.
In case of your demise before your mother, the property inherited after your mother's death will be shared between her daughter (your sister) and Widow of the pre-deceased son, i.e. your wife.
Hope this helps.
Thanks.
While opening a bank account, the bank asks for various information and also ask to file the name of the nominee. There are three ways to get money from your mother’s (deceased person's) savings account.
• The most practical way apart from the below mentioned ways is that: If you have the access to online username password and OTP, transfer the money. It would not be a crime as your mother entrusted you with the credentials. It would be easier to just wire the money than undergo all the paperwork and long delays. If you are a joint holder, that’s even better. You can withdraw or issue a cheque as well in your name.
• If the survivor shares a bank account with you as another joint account holder, the account amount will be passed on to another joint account holder. Now, to remove the name of the deceased person from the joint account and nomination, a copy of the application and a photocopy of the death certificate should be presented to the bank branch. This will allow the bank to remove the deceased name from the bank account.
• If there is a nomination, the money available in the bank account will be passed on to the nominee. The nomination, as well as an original copy of the death certificate, will be checked first by the bank. However, if there is a dispute over the nomination and a copy of WILL (A legal document that expresses the deceased person's wishes) needs to be present in the bank. Two witnesses would also be required to ensure that the bank pays the dues to the right nominee mentioned in the nomination.
• If the account does not have a nomination or is not a joint account, you will require to produce a copy of the WILL or a Succession Certificate (a document handed to the heirs of someone who has died without leaving a will, and is provided to a deceased person's successor who has not prepared a will in order to verify the successor's authenticity). Also, transferring money by a legal heir to pay the deceased’s bills is not a crime and thus, no punishment or jail as such.