Next of Kin of Legal Heir in Probate of Will
Querist :
Anonymous
(Querist) 02 October 2010
This query is : Resolved
Hi,if the co legal heir to the property for which the will has to be probated is deceased,(a) do the next of kin of the deceased legal heir automatically become legal hiers to the property under the will? (b) are the next of kin under this case treated as separate legal entities and not as one party and have to pay separate fees etc for the probate? (c) What are the consequences if the next of kin to the deceased legal heir do not wish to be part of the probate? what is the procedure to inform the court of thier disinterest in being party to the same?
Amita Chaudhary
(Expert) 02 October 2010
you have to implead all the deceased legal heir... whether they appear or take interest in the probate matter does not matter to you as in case they dont appear they would be proceeded exparte once service is complete upon them... well in acse they dont wish to pay the court fees even then you dont need to worry as you can pay your share of the court fees and get a probate in your favour... the probate in their favour would be garnted only when they pay court fees
Querist :
Anonymous
(Querist) 02 October 2010
Thanks Amita for your help. The situation here is that my mother(now deceased) is one of the co legal heirs to her deceased mother's property.My grandmother;s will is to be probated and as next of kin, the lawyer representing the case states that we (myself and my brother) have to be present in the court for the will probate hearing and pay high fees separately for the same. We are currently not in the financial state to pay the high fees stated by him nor would be actively participate in the proceedings and want to know if we do not pay the fees now nor be present on the hearing date, then would it have any adverse consequences against us? The remaining parties would be participating in the hearings.
