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Kolkata advocate (Advocate)     08 August 2021

Probate petition objection letter format

I'm a fresher advocate.. Kindly help me to write an objection petition against a probate of a will ... I want to contest against validity of a will. It WL be helpful for me if someone gives me the right format



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 4 Replies

Dr J C Vashista (Advocate)     09 August 2021

What are probable objections to challenge the will, viz; mental health of the testator, threat, coercion, allurement or the Testator did not sign in presence of witness(es) ? Accordingly draft your objection(s) where no specific format exist.  

Seek help/ guidance of a local senior.

Kolkata advocate (Advocate)     09 August 2021

Is it mandatory by the executor to mention the existence of other legal heirs while filing the probate petition?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 August 2021

Filling of a probate petition follows.

Copy of the latest Will made by the testator. proof that the Will has been duly executed. the list of the assets to be bequeathed through the Will. proof that the petitioner or the executor has been named in the Will at the time of filling an application for probate.

Aks   18 October 2021

Valid Objections to Will:

(1) the person who made the Will was so mentally ill that he /she did not know what he was doing.

(2) The benficiary had undue influence and forced (coerced) the Will maker .

(3) The signatures of Will maker are forged or not his/her real signature.

(4) The Will maker had no intention to make the Will and someone else made it.

Remember, It is easy to put objections and  delay the probate but the main burder of proof lies on the person  who is raising objections.  Sometimes, people do it to extort money by causing delay in probate.

 


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