WILL

Querist : Anonymous (Querist) 30 January 2011 This query is : Resolved

Dear All

My mother passed away and has written a registered will. now do we need a executor for this will? my mother has not named any executor.. than how do we proceed in case an executor is neccessary as per law to enforce the will. who should we appoint as executor?

if not required than can the heirs do as mentioned in the will without any executor

regards

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adv. rajeev ( rajoo ) (Expert) 30 January 2011
Who said executor is necessary to enforce the will. On the basis of the will and according to it you can get enter your name to the properties by producing the copy of the will to the concerned deprtment or you can share any moveables in accordance with the will.

Deekshitulu.V.S.R (Expert) 30 January 2011
Mr.

If in the will any executor or Administrator is appointed then he will have to act according to the contents of the will. In case no such arrangement is made then the recitals in the will is sufficient and the beneficiaries will take the property as per the same. No law says, that there should be a executor to be mentioned in the will

Guest (Expert) 30 January 2011
THE LEGAL HEIRS CAN SUBMIT DEATH CERTIFICATE OF MOTHER AND COPY OF SAID WILL TO THE CONCERNED AUTHORITIES AND GET THEIR NAMES ADDED TO THE PROPERTY RECORDS AND ALSO FOR OTHER CLAIMS.IN CASE OF ANY DISPUTE IN FAMILY APPLICATION FOR SUCCESSION CERTIFICATE CAN BE FILED IN CIVIL COURTS MENTIONING ALL BANK DEPOSITS AND SHARES AND OTHER PROPERTIES .AND THEN THEY CAN PRODUCE SUCCESSION CERTIFICATE TO THE CONCERNED BANKS FOR CLAIMING AMOUNT IN FIXED DEPOSITS,SHARES ETC.GOOD LUCK.

V.Mahadevan (Expert) 30 January 2011
If the registered WILL does not name any executor, application can be filed before the Competent Court by the beneficiaries for grant of a Probate. The grant of Probate by the Court would form the conclusive evidence of the validity and due execution ofthe WILL.The beneficiaries can then inherit the property under the WILL. Resort to such a procedure would be condusive the best interests of the beneficiaries.

(The question of obtaining succession certificate does not arise.)

Kirti Kar Tripathi (Expert) 30 January 2011
Yes, Executor is not necessary for executing the will. The beneficiaries can themselves mutually act upon on the basis of the terms of will or probate can be obtained from court.