EXECUTION OF A WILL

Querist : Anonymous (Querist) 06 May 2010 This query is : Resolved
Dear Sir,Pl. let me know how a will is executed ? Whether all the persons mentioned in the will have to give their consent as to the property allotted to them ? Who opens the will ? Within what period the will should be opened ? If the will is not opened within 3 years of tha death of the executor of the will whether it can be challenged after the expiry of the three years on any matter pertaining to the will ? What is the procedure for challenging a will ?
Thanks Sir

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Ashok Yadav (Expert) 06 May 2010
To save yourself from any future dispute firstly you should go for Probate of will. Every person who is getting a share in the will shall get their share according to the will of the testator. A will may be read (Opened)by the person in whose custody it is kept or by the execotor of the will or by any other person. A will can be probated at any time after the death of the testator, it depends on the date of knowledge of will. the geniuneness of a will may be challenged in civil court

Raj Kumar Makkad (Expert) 06 May 2010
Will can be got executed of the self acquired property of testator. It is safe to get it registered before registrar in the presence of two independent witnesses and no consent of anyone is required to be obtained in such matter. It can remain with the testator, his counsel or any other place including with beneficiary. After death of testator, this will is declared publicly and letter of probate is got issued from civil court and 3 years have no bearing on the will. challenge of the will depends upon cases to case and facts to facts.

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