All Will does not require Probate.
Probate is required when -
(1) (a) the existence or the bonafides of the Will is resisted / challenged by any of the legal heirs / Legal Representative; or (b) when the existence or the bonafides of the Will is resisted / challenged by any other interested persons;
AND
(2)(a) A Suit is filed by the said Legal heir / Interested persons against the executor / Legatee claiming his share in the estate of the deceased; or (b) A Suit is filed by the Legatee against persons who are in possession of the estate of the deceased testator and thereby Executor / Legatee claiming the estate of the deceased as his rights under the Will.
If your case is not falling within above parameters, no Probate is required.
by Ad Sandeep Jalan
No comments:
Post a Comment