Will

SRINIVASA (Querist) 26 January 2013 This query is : Resolved
My Grand Father has written a will in favour of a Trust of our family members in which 6 members of the family are the beneficiaries and 3 among the beneficiaries has been appointed as Trustees and one out of the 2 executors who is not a beneficiary is also a Trustee.
The executors have not probated the will even after the lapse of 5 years.

My queries are :

1. When can the Trust be formed ? should we wait till the will is probated.
2. The executor is not neither handing over the property nor disclosing the status of the probate.
3. Out of the 6 beneficiaries 3 have not given written consent for the probate. Whether it will be deemed as consent given in the absence of any contest against the will and when it will be prosumed as deemed consent.
4. Whether the Trust can be formed before the probation of will and can the Trust take over the control of the property from the Executor.

Kinldy reply

With regards

P. Srinivas

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Guest (Expert) 27 January 2013
YOu can approach Court of Law for getting the probate and seeking directions of court as against the executors for formation of trust. Apply to Charity Commissioner informing the formation of trust by your grand father and proceed for filing of a suit.

Raj Kumar Makkad (Expert) 27 January 2013
Serve a legal notice to the executor for getting the will probated failing which either of the beneficiaries file a civil suit for enforcing the executor to do the needful and you all can form the trust even withiout waiting for the probation of the will.

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