Exicutor of will
milind phope
(Querist) 13 October 2012
This query is : Resolved
My dad had given his WILL to my sister in 2009.Dad expired in 2011.WILL says she is the only benificiary of our whole property.Property title says dad was owner of the half of our property and not the whole property.
Sister says in petition in Probate Court that,dad has not named her the executor but just given the WILL to her and instructed her verbally that she should implement the WILL after his demise.
Now is she treated as a Executor or a custodian ?
Would she get the whole property just because Dads WILL says so ?
ajay sethi
(Expert) 13 October 2012
no she wont get the whole property . if your father had 50%6share in property he cant bequeath 100%share in the property .
your aunt will be netitled only to 50%share .
in will furnished by your aunt who is named as executor of the will ? the executor applies for probate of the will
