Goan Will
 

When I was in Goa in February, I was told even though I had made a Goan Will, sat in the Registrars office from 9.30 until 4.45 :banghead: Now the property could not pass to my children. If this is true just another injustice.

Anybody else heard this, it came from a local Bank Manager.

Re: Goan Will
 

Not sure a bank manager is a reliable informant.
If your property is registered why not?
The last time this was discussed here I suggested putting the children's names on the register now. The law is the same all over India for a new property or left by will (not undivided ancestral). Our unshared property has been put in our children's names years ago. They at the time were 'foreigners' without visas, OCI etc.

Re: Goan Will
 

Our property is registered - for what good it does us, as we are not PIO's etc we are in a completely different situation than you. Our children's names are registered in the will.

Re: Goan Will
 

If it is the bank manager I think it is, this is the same man who was putting very heavy persuasion on you to sell your property at way below market value.

My lawyer.....who is also your lawyer.....told me that your Indian will has legal standing.
Personally I would trust in this lawyer far more than that bank manager who has an ulterior motive for passing you this information.

Dread - x

Re: Goan Will
 

We have been considering making wills but think it may be simpler as we just have an agreement of sale to have our son's name added to the agreement if possible.

Re: Goan Will
 

That would require a Deed of Assignment (or a completely new AforS) which requires the signature of the [previous] owner. They usually charge for this, sometimes excessively.

AndyD8-)₹

Re: Goan Will
 

So far those that have been on AforS that have sold from our complex have only paid a small charge to the developer for the new AforS so unless he has changed his policy it would be cheaper than having two wills made.

Re: Goan Will
 

so does anybody know if its worth getting a Goa will to leave your Goa property to your beneficiary.

i've heard there's a possible complication in Goa because of the Portugese civil code?

I'm sure i've also read that a UK will has legal jurisdiction in India (therefore Goa too???) but the executor would have to travel to India with a Death certificate to claim the property as part of the deceased estate. This could be a challenge for anyone not used to Indian officials.

Would it be wise and extra careful to get a Goa will anyway which clearly identifies the heritable property and the identity of the beneficiary. Would a Memorandum of Understanding do?

There would also be a British will saying the same thing, the primary will.

Re: Goan Will
 

This topic is fraught with complications, and the advice on offer is contradictory and often completely wrong.
The Portuguese Civil Code only fully applies to Goans but it has been suggested to me that as a matter of "abundant caution" Wills written/registered in Goa by non-Goans should observe it. Unfortunately it is very prescriptive and is unlikely to meet everyone's requirements.
I have also read cautionary advice that a Goan/Indian will should not use words like 'Last Will and Testament' otherwise it will override any earlier English Will! Unfortunately Indian (v. Goan) law appears to say that a Will must use such a form of words.
I don't think you can trust the average Goan, Indian, or British lawyer to give accurate advice on this!!!
One possibility that has occurred to me is to [re-]execute a Will in England and then Register that Will in Goa (I think registration has to be done within 4 months of signing.

For executors Indian law requires that foreign Wills are authenticated by a Court - in the UK Probate is granted by the Probate Division of the High Court so an Order of Probate should be accepted in India - it shouldn't be necessary but it may be a good idea (abundant caution) to get it Apostilled by the FCO, under the Hague Convention it should NOT be necessary to get the Apostille authenticated by the HCI.

AndyD 8-)₹

P.S. inalb etc.