Probate of a will
karnam bhaskaran
(Querist) 11 December 2014
This query is : Resolved
A certain residential property in Chennai was willed and registered to a close relative by the testator [absolute owner] who has no children. Terms of the will-the property will be enjoyed by the wife of the testator after his death and there upon the beneficiary will be the absolute owner. Both the testator and his wife died in 2003 and March 2014 respectively. What will happen if:
1. The beneficiary files for a probate in a court of law and dies before the probate is granted
2. The beneficiary dies before filing for a probate; whether the legal heirs has any right to file for a probate
ajay sethi
(Expert) 11 December 2014
1) if beneficiary files for probate and dies before probate is granted then share of beneficiary in the testator estate will devolve on his legal heirs .
2) executor applies for probate of will not beneficiary
Rajendra K Goyal
(Expert) 11 December 2014
The share would go to legal heirs of the beneficiary if he dies before the probate granted.
Rajendra K Goyal
(Expert) 11 December 2014
Also repeated query:
http://www.lawyersclubindia.com/experts/probate-of-a-will-512451.asp#.VImTXSuUen0
