r.sankaranarayanan (Official) 13 October 2018

Executors mentioned in the will

In one will the sister has willed various assets to various siblings. One flat has been willed to one of her sisters and one brother has been willed some bank account balance. She had mentioned one sister (Who has got a flat) and this brother as Executors. Can only this sister apply for a probate since the other brother who had been willed the Bank balance is a foreign national and is abroad.?

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4 Replies

Vijay Raj Mahajan (Advocate) 14 October 2018

For probate, sister and brother both have to apply, brother can give GPA to sister to move the civil court on his behalf for probation of the Will. The execution of the Will shall commence after the Will get probated that process take sometime.

Dr J C Vashista (Advocate) 14 October 2018

The executor or either of the beneficiary/ LR of deceased shall have to seek professional services and engage a local lawyer for probation of will.

r.sankaranarayanan (Official) 14 October 2018

Thanks for your reply. I understood from my friend that the other executor who is settled in the US can give a letter that he be excluded from the Executors since he will not be able to visit India for this job due to his old age.

Shankar.

r.sankaranarayanan (Official) 14 October 2018

Thanks for the reply. There are two executors named in the will. Both are beneficiaries of some assets of the deceased. One executor is in the US. I am given to undedrstand that the executor who is in the US can give a letter that he be discharged as Executor since it will be difficult for him to come from the US.

Shankar