Probate or letter of administration with will annexed

Mohan R (Querist) 09 February 2012 This query is : Resolved
Dear Experts,
My father, the testator left behind registered will giving only life interest to his wife and one share each for the two sons after her life time. All three are mentioned as Executor/beneficiary in the above order. Now if wife (i.e. mother of two sons) refuses to act for probate, can any of the two sons seek probate or will they have to seek letter of administration with will annexed. Certified copy of will is available only.
Rgds

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Devajyoti Barman (Expert) 09 February 2012
Yes in refusal of the Executor to discharge the functions as directed in the Will, the beneficiary can assume the role and apply for Probate.

Raj Kumar Makkad (Expert) 10 February 2012
Certified copy of will is sufficient and even either of the 3 beneficiaries can file petition seeking probate of this will.