Is the copy of a will a valid document to obtain probate?
Anil Agrawal (Retired) 05 December 2009
Is the copy of a will a valid document to obtain probate?
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 05 December 2009
You have to produce the original will. Else acceptable and valid reasons to be stated for its non-production.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 December 2009
No. original will is required and copy is not a valid document in seeking probate.
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 05 December 2009
Indian Succession Act
Section 237. Probate of copy or draft of lost will.- When a will has been lost or mislaid since the testator' s death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced.
Anil Agrawal (Retired) 08 December 2009
If the Executor dies before applying for probate, what happens? Testator is of course dead. Even witnesses are dead.
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 08 December 2009
If no one is appointed as executor or In the event of death of executor, any of the beneficiary under the WILL can apply for Letters of Administration of WILL.
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