Is the will needs to be probated if discovered later after death?
02-Aug-2023 (In Family Law)
Dear Sir, My father wrote a un-registered Will without our knowledge and we have found it in his business place after his death. Do we need to Probate this Will or can go ahead as per his Will. The location is in Andhrapradesh,
Dear Sir,
You can probate the will. It will be enough as the registration of a will is not mandatory as per law. However, in order to advise better, the contents of the will needs to be perused. Contact a local lawyer for assistance.
You can probate the will. It will be enough as the registration of a will is not mandatory as per law. However, in order to advise better, the contents of the will needs to be perused. Contact a local lawyer for assistance.
Hi
Probate of a will is not mandatory in andhra pradesh.
However you can always get the will probated in the court of law just to ensure future litigation is avoided.
Please issue notices to all of the legal heirs of your father and get the WILL probated.
The persons who have affixed their signatures in the WILL as witness need to come and testify in the court so as to comply with section 68 of Indian evidence act.
Probate of a will is not mandatory in andhra pradesh.
However you can always get the will probated in the court of law just to ensure future litigation is avoided.
Please issue notices to all of the legal heirs of your father and get the WILL probated.
The persons who have affixed their signatures in the WILL as witness need to come and testify in the court so as to comply with section 68 of Indian evidence act.
If you all agree tht it is true will of your father, and you believe that it is only written by him. Then there is no dispute among you all to accept the will. You may proceed with the division. Will can be unregistered also. If there is any dispute about the will, or someone is not agreeing to the will, then it need to probate the will.
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