Probate a will
Suresh Kutty
(Querist) 28 January 2011
This query is : Resolved
What happens to a will if the will is not is not probated by other two siblings? In our case the elder brother has taken the family business -shop and also a flat claiming that our dad has made a will with these clauses. This he wants us to probate now after 8 years of fathers death.
A V Vishal
(Expert) 28 January 2011
There is no limitation period for probate of will. Further, if you have problem regarding authenticity of the will you may contest against your brother during the course of the probate proceedings.
V.Mahadevan
(Expert) 28 January 2011
A probate is granted by the court when a person dies intestate having made a WILL. The executor or the beneficiary may apply to the court for grant of probate.It cannot be granted to a person who is a minor. In the instant case, the sibilings having attained majority status may make application to the court for grant of probate.The issue of the probate decides only the genuineness of the WILL. Wise to take legal assistance.
