Date and Time:
August 19, 2020 4:30 PM - 6:00 PM
Session 2 –
Brief overview of Session I
Basic legal concepts of Wills,
- Key elements of a valid will & types of wills – Digital wills, mutual wills, mirror-wills, foreign wills, holograph will.
- Probate of a will – basic procedure, timelines, costs, etc.
- Resealing of probate – how to deal with a Will executed outside India?
- Letters of Administration – to be filed in the absence of a Will or when the executors are not available to file for probate
- Succession certificates
- Mutation of property records – process and considerations
- Grounds for challenging a Will – filing of caveats.
Will as a tool to mitigate family disputes,
- Registration of a will – whether mandatory?
- Competency certificate and proving capacity to create a Will.
- Video of execution process
- Reliable witnesses – importance of attesting witnesses, manner of proving a Will in the absence of attesting witnesses.
- Concepts of coercion, undue influence, fraud, forgery, etc.
Family settlement agreements
- Legal sanctity – are family settlement agreements enforceable? Oral or written?
- Scope of family settlement agreements – settlement/avoidance of disputes, requirement of consideration, nature of properties involved, parties to the agreement, etc.
- Whether a family settlement agreement is required to be registered?
- Family settlement agreement v. Wills.
Case Studies on how family businesses can mitigate such disputes covering the legal aspects of family settlement arrangements, efficient succession planning, restructuring agreements and the corporate governance that may be involved in relation to the same.
- Ankoosh Mehta
Cyril Amarchand Mangaldas
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