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NISM Certifications · NISM-Series-X-B: Investment Adviser (Level 2) · Basics of Estate Planning

Mr. Arvind Kulkarni, a Hindu, executed a will in 2015 leaving his flat to his son. In 2022 he executed a later will leaving the same flat to his daughter, with no mention of the earlier will. He did not destroy the first will. Which statement is correct after his death?

The later valid will prevails to the extent it conflicts with the earlier one. A will is ambulatory and can be changed or revoked any time before death, and an inconsistent later will overrides the earlier will even without express revocation, so the daughter gets the flat.

  1. ABoth wills are valid and the son and daughter share the flat equally
  2. BThe 2015 will prevails because it was registered first in time
  3. CThe later valid will prevails to the extent of the inconsistency, as a will can be revoked or altered at any time during the testator's lifeCorrect
  4. DBoth wills are void because the testator did not formally revoke the first one

Explanation

A will is ambulatory and revocable until death. A later validly executed will overrides an earlier one to the extent it is inconsistent, even without express revocation. Equal sharing and voidness are not the rule here, and the first-in-time rule does not apply.

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