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Father made Will pertaining to property do i need to probate it now
21-Oct-2023 (In Property Law)
My dad who expired about 2 years back had made will. He was residing in Kerala. In his will property of Kerala and Pune (Maharashtra) are involved. Is there a need to probate the will. My second query - Is probate required if the person who made will alive?
Firstly, a Will comes into force only the death of the person who executed it. Till then it has no value and therefore no question of probate also comes in. Now probate is not compulsory. Even without probate, a will can be acted upon. However it is always advisable to do probate, to avoid the chances of disputes in the future regarding the will. Especially since the executant died recently.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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The WILL will be enforceable only after the death of the testator. If the beneficiary of the Will is more than one person, you have to probate the Will . You have to execute the partition Deed as per the will.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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