Last Will may prevail over earlier Will:-

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  Last Will may prevail over earlier Will:- In case of dispute between earlier and subsequent parts of a Will,the subsequent part of the Will will prevails ( Kaivelikkal Ambunhi & ors vs H.Ganesh Bhandary,(1995) 5 SCC-444 & Uma Devi Nambiar & ors vs TC Sidhan,( 2004) 2 SCC-321. In case of “ Jasbir Singh vs Jaspal Singh & ors ”,2016 SCC Online P & H-3416,it   was held that the last will would prevail and the previous Will automatically deemed to have been cancelled, even in the absence of any specific clause.
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Essential Characteristics of a Will:-

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Essential Characteristics of a Will:-

1.     There must be a legal declaration;

2.     Such declaration must be with respect to the property of the testator &

3.     The declaration must be intended to operate after the death of  the testator.

Criteria for Proper Execution of Will:-

1.     The testator must have a disposing mind free from all extraneous influences with sound mental mind;

2.     The testator must have a mental capacity to make a valid will until contrary is proved;

3.     The Will should be executed in accordance with S.63 ISA read with Ss.67/68 of IEA;

4.     The onus of proof of the Will is on the propounder of the Will.

5.     If any suspicious circumstances arises,required to be removed by the propounder etc.

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