Does Registered Will Still Requires Probate from Court

803 votes

In the event WILL is registered, then you may not require probate, from the court, however in cases of unregistered will, you should seek probate done by seller. In case of registered WILL you may approach bank and tell them registered WILL should not necessarily require Probate to be done, however for internal reasons, in case bank required the same for grant of loan, then you must get the probate by competent court.

Advocate Vivek Nasa LawRato

992 votes

Probate of will can be possible in your case but it depends the parties have filed a case in the court for probate of will. Yes the bank can ask for a decree of court for will probation and any other document which is required by them.

Advocate Siddharth Gupta LawRato

639 votes

Generally, acquiring a probate is optional. In the event that a will is registered, a probate is not necessary/mandatory. In the event that the bank you have approached to ask for a loan requires a probate along with a true copy of the registered will, the same will have to be complied with. This is because the policy for documents required to obtain a loan from a bank varies from bank to bank. Usually, it is the person in charge of a branch who has the authority to, if any, waive the requirement of any mandatory documents. In the event that you do not wish to acquire a probate, the requirement will have to be waived by the bank.

In the event that this does not answer your question, please provide a clearer description of the facts of your case that require to be addressed.

Advocate Rohan Mittal LawRato