PROBATE OF A WILL

MEANING OF WILL

A will is made by a person called testator in which the intention of his is shown to give his property which he had obtained in his whole life, after his death to the successor.

According to section 18(e) of Indian Registration Act, 1908, it is not compulsory to register a will. The will can be done and registered by the testator himself or executor.

MEANING OF PROBATE OF WILL

It means that under the court’ seal having competent jurisdiction, the copy of a will is certified.

It is simply the execution of the will and also acts as evidence of its validity and even the capacity of the testator, i.e. testamentary capacity.

Succession certificate is wholly different from probate of a will.

In the case of succession, the deceased person has not made any will, and the legal heirs go to the court for the succession certificate by applying it. But in case of probation, the deceased person makes its will or dies testate and named the executor and that beneficiary goes to the court in order to grant a probate.

PROCEDURE TO OBTAIN PROBATE

For this, a petition has to be filed along with a will which is in question, in the court and the petition must contain the following points:

1. That a will must contain the party to the petition as the executor

2. Testator’s death time or date

3. The amount of property or assets which the petitioner is going to get as an executor

4. That the will was executed

5. The annexed in writing in the testator’s last will & testament.

The beneficiary or executor must have to sign the will and also have to verify this application of probate.

The probate can be granted by the court on a stamp paper only after the furnishing a stamp paper which is of the value equal to the court fee, by the petitioner with the application along with it.

In order to grant the probate, the court may ask the next kin of the deceased person by giving him notice regarding any objections which he wants to file. This is done only after the receipt of the petition.

After that, in the newspaper, the general notice will also be given.

At last, the petitioner will be asked to show some documents or proof regarding the:

1. That the will is the last will and

2. Also the testament of the deceased

3. That he is the executor named in that will by the deceased owner validly

4. Death of the testator.

Seeking grant of Probate of Will is a time-consuming task to be complied by the executor of the Will of the testator. It is essential that a person should seek legal advice from a lawyer as soon as possible.