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Jayanta Bandyopadhyay   02 January 2022

Private trust in lieu of probate, registered will

Probate proceeding is too much expensive and lengthy. Can I opt for private Trust route for my next generation in lieu of gift deed.

Pl guide



 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 January 2022

If there was no will, probate is necessary. Probate helps to determine the beneficiaries and to distribute the decedent’s assets and title to property.

Jayanta Bandyopadhyay   03 January 2022

Sir

 

In my case there was registered will but lawyers advised for submission of the same to court and take probate. It runs in to thousand of rupees on lawyers fees and one year plus time. Never ending in demanding money from client.

Hence prefer private Trust or another instruments for my daughters.pl guide.

P. Venu (Advocate)     03 January 2022

It is not the case that every Will requires to be probated. Please post all the material facts.

Jayanta Bandyopadhyay   03 January 2022

My father had made a will in presence of independent witnesses in 2004 and passed away in 2010. It was in my name but did not initiate as mother was alive and with me. She passed away in Aug 21 due to Corona.

I am having married sister and she fully endorses it. Lawyers have filed application for probate at Howrah District Court and submitted registered will in Aug 21. There is no progress but paying lawyers fees. All lawyers and court staff told me about taking probate.

I do not want to put my daughters in to any problem. Hence seking opinion whether pvt trust or other instrument could be alternatives

 Thanks

P. Venu (Advocate)     04 January 2022

Who are the benficiaries of the Will executed by your late father?

Jayanta Bandyopadhyay   04 January 2022

My father executed registered will in my name. Because of sentiments, I did not act upon this during 2011 and 2021  being dates of death of father and mother (corona). My married sister does not have any issue. Lawyers submitted petition to Howrah Court in Sep but no progress except periodical payments. No summon as yet to my sister. Being chemo and covid patient, I do not want to take any risk but protect hassle free transition to daughters now in MBA schools.

P. Venu (Advocate)     05 January 2022

Are there any other legal heirs to parents other than you and your sister?

Jayanta Bandyopadhyay   05 January 2022

There is no other legal heir. Sister has no objection. Petition of Probate is filed in Sep 21 but no progress. Not in a position to pay an indefinite lawyers fees.

Please guide.

P. Venu (Advocate)     07 January 2022

In the given case, in my considered opinion, the Will could be ignored, If so the property would by intestate succession. Admittedly, there are only legal heirs. Your sister can relinquish her share through a registered deed. Thus, the property would vest with you absolutely.


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