probate the WILL
SHANMUGAM
(Querist) 16 August 2010
This query is : Resolved
what is the meaning of probate the WILL and the purpose of it?
is there any restriction of location for probate the WILL?
shanmugam
A V Vishal
(Expert) 16 August 2010
Probate of will is a legal process in which the court of adjudicature certifies the authenticity of the will under their court seal and hands it back to the executor. Though it is not mandatory that every will should be probated, it is advisable to do so to ensure that the acts and deeds performed by the executor of the will cannot be challenged at a later date. Thus all actions taken by the executor acquire stamp of legality and can be defended in a court of Law. Courts will not entertain suits pertaining to wills unless the will in question has been probated.
s.subramanian
(Expert) 16 August 2010
Yes. I fully endorse the view of Mr.Vishal.
R.Ranganathan
(Expert) 16 August 2010
Probate legalises the will and its contents and once probated then the Will cannot be questioned. The Will has to be probated either in the place where the property is situated or in the High Court.
Chanchal Nag Chowdhury
(Expert) 18 August 2010
Since the first part of your query has been comprehensively answered,pl. note that any District delegate's court can grant Probate where any part of the assets which are likely to come to your hands is situated.
