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    <title>2008 (4) TMI 833 - Supreme Court</title>
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    <description>A will that makes its operative dispositions dependent on unproved appendices is incomplete and cannot sustain probate unless the appendices are shown to form part of the testamentary instrument and to have existed at execution. Here, the appendices were not proved as incorporated documents, so the testamentary scheme failed for incompleteness. The will also remained unproved because suspicious circumstances, including beneficiary involvement, custody issues, non-examination of a key witness, and an unequal detailed distribution, were not dispelled. In probate proceedings, formal proof alone is insufficient where suspicion exists; the propounder must satisfy the court that the will was genuinely and duly executed. Probate and letters of administration were therefore refused.</description>
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    <pubDate>Thu, 24 Apr 2008 00:00:00 +0530</pubDate>
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      <title>2008 (4) TMI 833 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=313712</link>
      <description>A will that makes its operative dispositions dependent on unproved appendices is incomplete and cannot sustain probate unless the appendices are shown to form part of the testamentary instrument and to have existed at execution. Here, the appendices were not proved as incorporated documents, so the testamentary scheme failed for incompleteness. The will also remained unproved because suspicious circumstances, including beneficiary involvement, custody issues, non-examination of a key witness, and an unequal detailed distribution, were not dispelled. In probate proceedings, formal proof alone is insufficient where suspicion exists; the propounder must satisfy the court that the will was genuinely and duly executed. Probate and letters of administration were therefore refused.</description>
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      <pubDate>Thu, 24 Apr 2008 00:00:00 +0530</pubDate>
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