Probate/letter of administration in case of executor named in the will refuses to act.

Jayasheela (Querist) 22 May 2013 This query is : Resolved
Suppose the EXECUTOR named in the Will refuses to act,then whether one of the Beneficiary of the Will can apply for Probate/Letter of Administration ?. In case,other Beneficiary disputes the Original Registered Genuine WLLL as Bogus one for certain reasons what should be done ?.

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Raj Kumar Makkad (Expert) 22 May 2013
Will is to be proved by beneficiary. Will can always be challenged. If executor is not ready to get it probated then definitely beneficiary can do so but still the same can be got challenged.

Nothing concrete can be opined without going through the contents of your case documents.

dr g balakrishnan (Expert) 05 November 2016
whether the will is by a person who has self earned property? please state. if not he cannot make a will. such situation may be for the executor to refuse.

dr g balakrishnan (Expert) 05 November 2016
Normally no Executor refuses to probate under testamentary jurisdiction, after all will is contestable by any one related to the person who willed the property , court only dies just administration of the will.

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