25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Hem (j.e)     01 January 2022

Legal representator

What happens when a legal representative dies. Can the representatorship be passed on to his family?


Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     01 January 2022

Hello,

If legal representative dies representationship will not  transfer to family member of legal representatives. New legal representative has to file fresh appearance memo / vakalatnama in court. 

G.L.N. Prasad (Retired employee.)     01 January 2022

Please elaborate on the context with more details.

Dr J C Vashista (Advocate)     02 January 2022

Legal representative is a prepetual succession in terms of personal laws of the deceased.

Vague and incomplete facts can not lead to form proper opinion to oblige.

It would be appropriate to consult a local prudent lawyer for better appreciation of facts and professional advise.

P. Venu (Advocate)     02 January 2022

You have not posted the complete facts.

Anaita Vas   03 January 2022

First of all, it is helpful to review the Will if there is one. Often the deceased person will name alternative choices to serve as executor in case the first choice is unable to serve. As a side note, naming alternatives is a sound practice in estate planning.

If there is no Will or if it does not nominate a new personal representative, then it is a good idea to ask the heirs or the beneficiaries who they would like to see as the new personal representative. They may not all agree but this can help to avoid needless (and expensive) conflicts in probate. A discussion among the beneficiaries tends to be a good idea so that everyone involved is aware of the change that needs to be made.

Of course, it is a good idea to nominate an individual who is knowledgeable in financial matters and who is acquainted with the family, and financial affairs of the deceased person.

The representation cannot be passed on to his/her family member.

 

Regards,

Anaita Vas

Aman sharma   04 January 2022

You may file LR Petition and bring the concerned on records before the court and may further go with proceedings acordingly 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query