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Anil Agrawal (Retired)     23 September 2009

Probate

 Can a Will be filed for probate after 30 years. The executor and both the witnesses are dead. The person who was to execute the Will after testator's death is also dead.



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 1 Replies

Sachin Bhatia (Advocate)     23 September 2009

The basic rule is that a person has two years from the date a will is admitted to probate to contest it.  That seems simple enough.  However, the proponent of the will has four years after the death of the testator to file the will for probate.  If the proponent files the will just before the four years is up, the contestant will have two years after that to contest the will (six years after the death of the testator!)  To complicate matters even more, a person who is not at fault can file a will more than four years after the death of the testator.  "Not at fault" usually means that the person who files the will for probate after four years did not know about the will during the four years after the testator's death but found it later.  If a person knows about the will and just doesn't file it, he is usually at fault and can't file it after four years elapses.  As with all rules, there are exceptions. 


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