Will & Probate related query.When & how to present the will in FDPcase


My mothers elder sister has made a will in my mothers name.Now she has expired. Our case is still pending for Final decree. In original plaint it is decreed as 1/3 equal share between my mom,mom sister and mom brother. Now our advocate is not presenting the will in FDP case and he is telling that the witness should present the will. If we are not presenting the will,my moms sister name will be deleted from the suit. Proper guidance is not provided by our advocate.lf i ask we can make a probate of a will,he is telling its not required. Will which is made is registered and it is an open will. When and how to present the will in our FDP case? Is probate necessary? Kindly guide me and help me out. Thanks & Regards

Answers (1)


92 votes

I seriously suggest to change your Advocate as it is not necessary witness should present the will. The Will must be produced by a party who is asserting a execution of the Will. Will is very must required for the purpose of probate. To advise more accurately i need to see preliminary decree and all the court documents.


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