Skip to main content

Law of wills

Interpretation and execution of will

Dependant relative revocation 

If a subsequent will is not clear or the intention is not clear the latest will if gets destroyed the previous will take effect 

Privileged and unprivileged will

The wills executed by soldier airman sea man are privileged wills the rest unprivileged ones

Codicil 

The additional changes to the will are done using codicil 

Execution of will

The will is to be signed by the testator and two attesting witness 

Revocation of will

By a subsequent will

By destruction of will 

By a instrument 

Cheese v lovejoy 

Conditional and contingent bequest 

Rule of cypress (see pray)

Onerous bequest 

Void bequest 

If the legate predeceases testator the bequest is void

Probate

The probate may be obtained from courts when there is no executor or administrator of will by applying to the district courts and the persons interested may file their caveats 

Executor and administrators 

If the testator has mentioned the name of the executor he takes effect after the death of testator 

If there is no executor or the testator is not ready to perform the activities for the esteate the letters of administration may be obtained from court 

Curator 

The accounts should be settled to the court by the curator appointed by the court

The debtor should not worry about the authenticity of the curator 

The curator may get remuneration for his role 

Succession certificate 

When debts are to be paid to the exact successor the debt may ask for a succession certificate to pay his debts the certificate is obtained from courts

The courts may grant it when the probate or letters of administration is not compulsory  

Wills does not require registration.


Comments

Post a Comment

Popular posts from this blog

Right to passage

The international law does not clearly define the control of the right to passage. Even though if defined who could exercise control over the passsge is the question  The strait of Hormuz now blocked by the country of iran is widely condemned by the United Nations What could be reason is it really war or anything else for the condemning nations  First was this opposed by the Russia china and India? What could be the reasons whether is this the only war that affects the lives of people or the lives of people was immaterial in earlier and on going wars . Was Iran doing the right thing by blocking the strait of hormuz , any nations who s threatened could defend themselves but is the Real defence mechanism  What is the strait jacket formula in war . Ukraine and Russia was into war for the last two years was anyone worried other than the two  anyhow the only affected would the civilians in the war and not the heads so many battered displaced does it even matter ? Put your...
Post a Comment
Read more

Maintenance for wife /children

The question here would be whether the wife is entitled to maintenance even after divorce ? Is she entitled to maintenance after mutual consent? Does the children born out of the wedlock is entitled to maintenance? These questions are answered here This is applicable to all women irrespective of religion. The wife can claim maintenance even after divorce until she is remarried. The children is entitled to maintenance . For further details consultant your advocate .
Post a Comment
Read more

Witness

 Who are competent witness 1 any body can be a witness if they can understand the question put forward and answer the question I respect of age and if he a lunatic he is not prevented from giving witness  2. Accomplice  The person who would be the co accused whom might I in turn change as approver  Is the witness a credit worthy witness or he has given the witness due to coersion  The prosecution must prove that based on independent and material evidence rather the conviction merely on accomplice witness  The question would be in case of rape there is no accomplice   The victim is the witness why not unless and until if the victim is it married and of tender age. Post your thought and comments .
Post a Comment
Read more