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TMI Blog"wills", "Joint wills" and "Mutual wills"X X X X Extracts X X X X X X X X Extracts X X X X ..... of testator. Rights and obligations of an executor of a Will arise only then. No right is created in the executor during the life time of the testator. Appointment of a testator and appointment of a trustee stand completely on different footings. [Krishna Kumar Birla vs Rajendra Singh Lodha and ors.- 2008 (3) TMI 741 - SUPREME COURT] Theobald on Wills , twelfth edition, pages 28 and 29, at paras 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;mutual wills' is used to describe separate documents of a testamentary character made as the result of an agreement between the parties to create irrevocable interests in favour of ascertainable beneficiaries. The revocable nature of the wills under which the interests are created is fully recognised by the court of probate ; but, in certain circumstances, the court of equity will protect an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here are separate wills, or to revoke the joint will, so far as it disposes of his property, and the fact that one party has died without revoking the disposition of his property does not prevent the survivor from revoking the disposition which he has made notwithstanding that he has received benefits out of the estate of the deceased party. Even when there is such an agreement and one party has d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition of mutual wills thus: The fact that a husband and wife have simultaneously made mutual wills, giving each to the other a life interest with similar provisions in remainder, is not in itself evidence of an agreement not to revoke the wills; in the absence of a definite agreement to that effect, there is no implied trust precluding the wife from making a fresh will inconsistent with her forme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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