Rules Applicable to all Wills    
         
  1. A WILL comes into operation on the death of the Testator unlike a GPA which operates only during the lifetime of the executant.
  2. A WILL or any part of a WILL, made / caused / obtained by fraud is void.
  3. No person aggrieved by a WILL can institute a suit during the lifetime of the Testator
  4. An attesting witness or his / her spouse cannot be a beneficiary / Legatee under a WILL, except Hindus.
  5. No mother can appoint a guardian for the minor child under a WILL.
  6. If the Legatee dies after the making of the WILL and before the testator, the legacy lapses and the property goes to the testators heirs.
  7. A bequest to a child of the testator does not lapse even if that child is not alive at the time of the testators death.
  8. If the legacy is given to two persons jointly and one dies before the Testator, the other takes it all by Doctrine of Survivorship.
  9. Bequest to an unborn person must be an absolute and vested interest, unfettered by any condition.
  10. Rule against perpetuity: The vesting of a property must not be postponed beyond a lifetime and 18 years thereafter.
  11. Testator can appoint any major person of sound mind as the Executor irrespective of religion, caste or sex etc.
  12. Testator can also bequeath properties, income and interests that may be acquired by him or accrue to him after execution of the WILL.
  13. WILL need not be on a Stamp Paper.
  14. Registration or Deposit of WILL is not compulsory.
  15. A WILL can be registered even after the death of the Testator by procuring sworn affidavits of the two attesting witnesses under that WILL.
N. Harish
Legal Officer, Brigade Group
Next issue: Law on Power of Attorney


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   Some Housing Tips 
         
  • To brighten discoloured tiles, try rubbing the surface with a paste made from silver sand (available from builders merchants) and paraffin. Rinse clean and buff to a shine.
  • Polish tiles with milk and water to add shine to the glaze.
  • Clean hard water film by wiping the tiles with neat dilute vinegar on a soft cloth. Leave for 10 minutes, then rinse off.

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Seaton Sales

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The Empire Publicity Services