Status of a handwritten letter in place of a will

Community Forums Legal Advice India Status of a handwritten letter in place of a will

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    • #73302 Reply
      User_5cf14434
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        U
        User_5cf14434
        PARTICIPANT
        January 16, 2025 at 6:58 am
        Hello

        I have this scenario in my neighbourhood

        A neighbour’s old aunt (his dad’s elder sister, spinster, never married) recently died of a heart attack and old age. The neighbour was taking care of her since past 10 odd years. few years back aunt gave him a handwritten letter where she clearly said that after her death all the money in her bank account and FD are to got to him (neighbour). The letter also has a few other details of amount that he has to donate to few charitable organisations, temples etc from aunt’s money which he’s doing.

        The Aunt was pretty rich with lot’s of FD’s and some amount in savings account. Now the thing is aunt has a huge family (they were 12 siblings) and now children have their own children. as such the I think the legal heirs will be siblings and in case siblings have died, then spouse and kids of siblings (neighbour is son of aunt’s sibling).

        There is no will, just the handwritten letter. So in this scenario, what is the status of this letter in the absence of a proper will ?

      • #73303 Reply
        User_9caa453a
        Participant
          U
          User_9caa453a
          PARTICIPANT
          January 16, 2025 at 7:24 am
          Really sorry, but no meaning of this letter, as useless as a love letter.

          Even wills need to be properly registered and they get dismissed for some errors too.

          • #73305 Reply
            User_5cf14434
            Participant
              U
              User_5cf14434
              OP
              January 16, 2025 at 7:26 am
              Ahh.. he has actually consulted some lawyer, but I was also curious that’s why I asked here.

              • #73307 Reply
                User_9caa453a
                Participant
                  U
                  User_9caa453a
                  PARTICIPANT
                  January 16, 2025 at 7:27 am
                  Don’t fall for any false hopes the lawyer gives, he might be trying to mint money, be careful. A handwritten letter won’t stand a chance.

                  • #73310 Reply
                    User_5cf14434
                    Participant
                      U
                      User_5cf14434
                      OP
                      January 16, 2025 at 7:37 am
                      Yes I understand, but it’s his choice and his fate.. I am just a curious bystander here.. had a query and asked here.

                      BTW bro are you a lawyer ?

                      • #73313 Reply
                        User_9caa453a
                        Participant
                          U
                          User_9caa453a
                          PARTICIPANT
                          January 16, 2025 at 7:38 am
                          Sis* and yes.

                          • #73316 Reply
                            User_5cf14434
                            Participant
                              U
                              User_5cf14434
                              OP
                              January 16, 2025 at 8:30 am
                              sahi hai.. thanks for sharing your opinion sis..

                              cheers.

                        • #73309 Reply
                          Urbanrider9157
                          Participant
                            U
                            Urbanrider9157
                            PARTICIPANT
                            January 16, 2025 at 8:57 am
                            Would adding the caretaking neighbour as the nominee at the bank(sole or joint) in her accounts and FDโ€™s have overridden whatever the distribution scheme would say in presence of her legit will?

                            • #73312 Reply
                              User_9caa453a
                              Participant
                                U
                                User_9caa453a
                                PARTICIPANT
                                January 16, 2025 at 9:02 am
                                Not very sure about this but the nominee might be able to have access to the money but he cannot be the ultimate owner and thus the court would ultimately decide to distribute the funds according to the will. The Will will supercede as per the court orders.

                                • #73315 Reply
                                  Urbanrider9157
                                  Participant
                                    U
                                    Urbanrider9157
                                    PARTICIPANT
                                    January 16, 2025 at 9:09 am
                                    Thanks!

                          • #73304 Reply
                            Urbanrider9157
                            Participant
                              U
                              Urbanrider9157
                              PARTICIPANT
                              January 16, 2025 at 8:50 am
                              What if the said will was an unregistered(no stamp paper) but notarised text document (not handwritten) with her and two witnessesโ€™ signatures?

                              • #73306 Reply
                                User_9caa453a
                                Participant
                                  U
                                  User_9caa453a
                                  PARTICIPANT
                                  January 16, 2025 at 9:00 am
                                  It can work, but can be challenged by the legal heirs, then the court will decide on the basis of how genuine the will is.

                                  • #73308 Reply
                                    Urbanrider9157
                                    Participant
                                      U
                                      Urbanrider9157
                                      PARTICIPANT
                                      January 16, 2025 at 9:08 am
                                      Thanks for the help. Just one last question if you donโ€™t mindโ€ฆ

                                      In order to challenge a will, does the challenging a party have to submit a court fee or other legit fee which would be a certain percentage of the total value of all assets involved in the will that is being challenged?

                                      • #73311 Reply
                                        User_9caa453a
                                        Participant
                                          U
                                          User_9caa453a
                                          PARTICIPANT
                                          January 16, 2025 at 9:09 am
                                          Yes, varies in states.

                                          • #73314 Reply
                                            Urbanrider9157
                                            Participant
                                              U
                                              Urbanrider9157
                                              PARTICIPANT
                                              January 16, 2025 at 9:29 am
                                              Ok, thank you!

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