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A Bhandari (Not applicable )     26 July 2011

Probate

Hi,

Hope you can help. If an NRI account holder dies overseas and has nominees on the account but has NOT left a Will is Probate required?  If it is required and the nominees are based overseas how do they apply for it, how long does it take, what are the fees?

Currently we are searching to try and locate a Will.  If we do locate a Will and we think it has probably been drawn up in Jalandhar will Probate be required.  There is no land involved just bank accounts totalling roughly Rs1937264.

Thank you



Learning

 5 Replies

Adv. Amit Anandrao Mahadeshwar (ADVOCATE)     26 July 2011

Dear Sir,

In my opinion the if nomination is made, the probate for the amounts in the Bank will not be required. 

The nominees should grant a power of attorney in favour of some person who is able to withdraw the amount. 

 

Regards,

Amit

1 Like

Siddhi Agarwal (Owner)     26 July 2011

If there is no WILL there cab not be any probate. Nominee is empowered to draw the amount on dealth of account holder only if nomination is registered with the bank. 

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     26 July 2011

The purpose of nomination is for the bank to have valid discharge of the balance of money lying in the deceased account to the nominee. Hence the nominee can write to the bank directly with their proof i.e. passport and other documents pertaining to KYC norms. Once the nominee initiates the application, the bank would give complete procedure. However if any legal heirs raises a claim on the money received/receivable by the nominee from the bank account, the nominee is bound to distibute the money to the legal heirs - This process may require will. Again probate is not necessary for distribution of moveable property.

vasudevan

1 Like

A Bhandari (Not applicable )     03 August 2011

Thank you for your response.

I have been in touch with the Bank concerned and they advise that there are no nominees on the accounts but the accounts maybe in joint names but he will not confirm.  He states we need a 'Certificate of Succession'.  it is  a small village bank and therefore my questions are:

If we do not wish to deal with the actual branch itself can we deal directly with their Head Office or another major branch?

If we require a Certificate Of Succession how do we apply for it, how much will it cost, how long does it take and can we apply whilst based in the UK.


Thank you and kind regards

Siddhi Agarwal (Owner)     03 August 2011

Mr. Bhandari,

There are too many gaps in what you are telling.

You are neither sure of WILL nor if the account is joint account ?

 Who u are and what is your interest in the whole thing? 

To me you are not a party to this matter.


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