Don't Be Lazy About Your Investments' Administrative Work

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April 23, 2018

Will Writing - Please be Careful

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https://economictimes.indiatimes.com/wealth/plan/avoid-these-8-mistakes-while-writing-a-will-to-ensure-your-assets-are-passed-onto-your-heirs/articleshow/63855623.cms

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While writing Will , please include these important points.

1 ) Where ever ( Testator ) made Nominations , the Nominee / s would be the sole heirs.

2 ) In case , any one of the legatees pre deceases( Testator ) in that case that share would not lapse but would , instead , devolve on the Legal heirs of that Legatee.

3 ) In case any asset , movable or immovable , is not mentioned here or is acquired afterwards would devolve on --------

Also , please try to get Will registered ( though not mandatory )and appoint Executor /s

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Must Make Will - Nominee Only Trustee in Most Cases

http://www.jagoinvestor.com/…/will-your-nominee-get-the-mon…

http://ascentsolutions.in/wordpress/?p=310

Nominee ( except in case of shares and most probably , now , in Insurance policies ( please recheck ) - is only a Trustee. Real owner is as per the Will.

It is very important to remember that , in case of Mutual Funds / Fixed Deposits , nominee is only a representative / Trustee on behalf of the heirs .

A Will or Natural succession in the absence of a Will would determine who would inherit the Mutual Funds.

Best is make a Will and write in it " THAT WHERE EVER I HAVE MADE NOMINATIONS OR THERE ARE JOINT HOLDERS THEN THOSE NOMINEE / S OR THE SURVIVING JOINT HOLDERS WOULD BE EXCLUSIVE BENEFICIARIES "

IN CASE THE NOMINEE PREDECEASES THE HOLDER THEN THE NOMINATION STANDS CANCELLED . IT DOES NOT PASS ON TO THE HEIRS OF THE NOMINEE.

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All rulings are stating that ( particularly in Co-op Housing Flats etc ) that Nominee is only a Trustee on behalf of all the heirs , Further it has been ruled that Co-operative Societies cannot invent their own rules of Succession.Either the succession is Testamentary ( through Will )or Intestate ( Succession Laws ). No third option.

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To the best of our knowledge ( please please Recheck ) Nominee or the surviving Joint Holders in case of Shares is
absolute owner( without reference to any Will / Natural Heirs. )'

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In our one case , the Trial Court granted Probate on a Photostat copy of an Unregistered Will.

We went in to appeal in the High Court where our Appeal was upheld

CASE 2: ASHWANI KUMAR AGGARWAL vs. B.K. MITTAL (High Court of Delhi

Decided on July 03,2014)
ACT:INDIAN SUCCESSION ACT, 1925.

BACKGROUND:If a Will is lost, what is the remedy available to the Heirs?

CASE BRIEF:“Section 237. Probate of copy or draft of lost Will-When a Will has been lost or mislaid post the testator’s death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the Will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced.”.

for more , please click

http://universaltrustees.co.in/case-studies/case-2/

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All Written Wills ( registered or not registered ) are , legally , categorised as UNPRIVILEGED Wills.

Privileged Wills ( even Oral ) are available only to soldiers.

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