will probate
s arun kumar
(Querist) 24 February 2011
This query is : Resolved
Sir,
Whether a executor of will who is living can file a probate. When a Probate cane be made.
Devajyoti Barman
(Expert) 24 February 2011
If the executor is living then it is the executor himself who has to apply for Probate and only if the executor dies or refuses to discharge his duties then the beneficiary can apply for Probate.
After the death of the Testator Probate of the Will can be applied for at any point of time. There is no limitation.
Sanjeevappa. L
(Expert) 24 February 2011
During the life time of the executor of the WILL, it is not at all a document and the said will comes to light only after the death of the executor. "Will" means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death" and "Probate" means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of testator. according to section 2(h)and 2 (f)of The Indian succession Act, 1925.
niranjan
(Expert) 24 February 2011
Mr. Barman is right. Executor means a person named in the will to execute it.
G. ARAVINTHAN
(Expert) 24 February 2011
Mr. Barman can explained in right form
Advocate Bhartesh goyal
(Expert) 25 February 2011
yes,Mr.Barman is absolutely right.Executer means a person authorised and named in will to act upon desires of testator and get execute the will.
Ajay Bansal
(Expert) 25 February 2011
I agree only with Sanjeevappa.L above.
Ajay Bansal
(Expert) 25 February 2011
Adding in my aforesaid reply,the probate of a will can only be filed after the death of Executer by any of beneficiary.
