About will probate

If a person dies without leaving a will, the court can make a similar grant of probate, known as letters of administration. For instance, a de facto spouse can apply for letters of administration.

As there is no executor, the next-of-kin takes on the role of dealing with the deceased’s estate. This cannot be done until a grant of letters of administration is made.

Letters of administration are essentially the same as a grant of probate. The letters show that the court has examined the relevant documents and is satisfied that the person named in the letters has the authority to administer the estate.

@ sen. attestation is required to prove the duely execution of will, by one of the attesting witness of the will..however in case both the attesting witness has expired...then any person who has seen writing and signing the witness in ordinary course of life can tastify....means I can say the signature on a will is or my father...as I recognise his signature...

Thank you to all repliers. Noted your opinion Advt. Gupta. However please note that Will is close to 80 years old and generations has passed. Also Will is unregistered. So getting someone who has witnessed such a signing is a challenging proposition.

Therefore my averments were based on Section 69 of The Indian Evidence Act wherein it is said:

69. Proof where no attesting witness found -

If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the hand writing of that person.

 

As such this above section points to one signature of a deceased witness and the signature of the testator to be verified. Therefore my query whether the signature of the witness who was a government official can be extracted from government files and the procedure to do the same.

I am also considering the applicability of Section 90 of the aforesaid Act in my case.