Last Will or Testament-Do I need one?

If one dies without a Last Will what happens?

If he is married and having children

1/2 goes to the surviving spouse. The other 1/2 goes to the children in equal shares.

If he is married and no children

1/2 goes to the surviving spouse. The other 1/2 goes to the parents of the deceased in equal shares.

What if one of the parent is dead?

That 1/4 share goes to the siblings of the deceased in equal shares.

What if both parents are dead?

The 1/2 share goes to the siblings in equal shares.

If one of the siblings is dead, married and having children what happens?

The spouse of the sibling will NOT inherit. The deceased siblings share devolve on his children in equal shares.

Why a Last Will?

A Last Will is executed to deviate from this way of inheritance. In other words One can identify which property should go to his son, daughter or wife. He can also prevent any one or more of his descendants from acquiring property by way of inheritance.

Is a Last Will a valid Document?

Last Will becomes a valid document of inheritance at the death of the Testator. Before his death, the Testator can amend, change, cancel, destroy it or execute a fresh Will which will nullify the previous one. At the death of the Testator the Executor named therein should produce it to the relevant Court and prove it.

What happens after proving it?

The Executor has a duty to collect all the dues to the dead man’s estate, pay all his debts and distribute the properties as he is instructed by the Will.

At the end of the Testamentary Case ….

If there was a Last Will, the Executor named in the Will executes an Executor’s Conveyance conveying the immovable property as he is instructed by the Testator in the Will.

If there was no Last Will, the Administrator appointed by Court Will executes an Administrator’s Conveyance conveying the immovable property as ordered by Court in the Distribution Sheet.