Table of Contents+
This blog will help you in understanding the meaning and importance of a concurrent will. Also, it will assist you in preparing a concurrent will if you have an estate in foreign jurisdictions.
The general rule is that a man prepares only one Will at the time of his death. However, for the sake of convenience, a testator may dispose of some properties, e.g. those in one country, by one Will, and those in another country by another Will that means a testator makes a different will for the property located in different geographical locations.
They may be treated as wholly independent of each other unless there is an inter-connection or the incorporation of the one in the other. Hence, concurrent will are two different wills administering with testamentary declarations of a single testator, also known as co-existing wills.
Concurrent wills should not be confused with duplicate wills because duplicate wills are made by a testator for the sake of safety where the one is to be kept by him and the other placed in some safe custody with a bank or executor or trustee or an agent, etc.
Each copy of such duplicate will must be duly signed and attested to assuring its validity and authenticity. A valid revocation of the original would affect a valid revocation of the duplicate also, but the same is not applicable in the case of concurrent will as they are independent of each other.
If you have assets in multiple countries, then you can prepare a concurrent will in each of the countries having assets. This will make the administration of the estate efficient.
In the future, if there will be any conflict or dispute concerning the will or estate situated at different places, then complications arising from such disagreement can be precluded. There will be clarity about the applicable law of the land.
Hence, you can execute any number of concurrent wills for better outlining of your estate.
|Read this also: Cost of making a will in India|
Yes, if a person has assets in foreign countries then he/she can have concurrent wills and such wills are legally valid. However, such will must follow the respective country’s law. Also, a person needs to make it crystal clear in the testaments that any subsequent will in another country cannot replace the previous will.
The only challenge a concurrent will faces is that it must be drafted as per the applicable laws of the country. Different jurisdictions may have different laws.
For example, in some countries, a will is not considered to be valid if there are no provisions for child or spouse to inherit the assets or given to Class-2 heirs only. Some countries may require the signatures of more than two witnesses. Hence, it is highly recommended to consult with lawyers having a specialty in property and wills.
|Read this also: What is a duplicate will?|
Yes, a person can make a concurrent will. In India, if there are multiple Wills written by the same testator for the estates situated in India but in different cities or states, the general rule is that the Last Will can only be taken into consideration.
However, if we say that both the Wills were written on the same date having different properties mentioned, then the beneficiaries have to enforce both together through court, whereas the court after hearing both the cases together may conclude the decision based on one Will only.
Wills in India are governed by the Indian Succession Act, 1925 and there are no provisions that explicitly deal with the formation of concurrent wills or multiple wills. If there is more than one will that is executed on different days then the will with the latest or last date is considered valid.
It is always advised that a person should make one will that includes all the movable and immovable properties to prevent any confusion. If the person wants to make a will for separate properties with different executors and beneficiaries, then he or she can make demarcations in the same will and there is no requirement of separate wills.
The testator can amend the will any number of times he wants till the date he’s alive. The will cannot be executed before the death of the testator. Therefore, no law makes the execution of concurrent wills illegal if they are made on the same dates.
A concurrent will does not have to follow any specific language or format as such varies from country to country. However, the person who is writing or making a will, called the testator, must include the following important components:
Like a normal will, a concurrent will is drafted in the same way. The procedure for drafting the concurrent will is:
Before proceeding with administering concurrent wills, you need to keep in mind the following pointers: