Nomination and will
2 years ago
Mr A has 4 daughters and 2 sons. He has 6 FDs and nominated each one in their individual names. He has mentioned in the WILL those FDs can be taken according to the nomination. But not clearly mentioned their names in the WILL. After the registration of Will, first son forcibly made him to change the nomination to his name and his sons name ie grand son of Mr. A Now another 5 don't have any nominations. What is their position now? How they can claim the amount now. Mr. A is expired
A.Dear Sir,
Nominations cannot be changed without consequent changes in the Will. Get file a criminal case against the person who got nominations for more FD’s against the contents of Will.
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Nominations cannot be changed without consequent changes in the Will. Get file a criminal case against the person who got nominations for more FD’s against the contents of Will.
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A.Hi,
There is an ambiguity in the will. So during the probate of the will, the court will try to interpret the will. However, since the nominee has been changed, most probably all the other people wont get anything.
If you like my answer, please rate me.
There is an ambiguity in the will. So during the probate of the will, the court will try to interpret the will. However, since the nominee has been changed, most probably all the other people wont get anything.
If you like my answer, please rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
As per the will, the FD amount will go to the person who is the nominee in the each FD, therefore the other nominees will not get anything. However, the will be scrutinized by the court.
If you like my answer, please rate me.
As per the will, the FD amount will go to the person who is the nominee in the each FD, therefore the other nominees will not get anything. However, the will be scrutinized by the court.
If you like my answer, please rate me.
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A.In this case since other 5 person's names are not there as nominees hence the bank will not pay them anything. And since in the will the names are tagged with the the nominations so factually there is no possibility of getting anything for the remaining 5 persons.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to scrutinize that Will as a whole as well as as its legal implications. At the time of Probate of that Will,the Court will never allow anything outside the purview of that Will until and unless there is ambiguity prevailing in that Will.
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