Letter of Administration

The critical difference between Probate and Letter of Administration is that Probate is granted to an executor nominated under the will. Whereas, if a will does not nominate an executor, the beneficiaries of the deceased will have to file an application for Letter of...

Succession Certificate

Succession certificate is a sanctioning document that sanctions the right to inherit debt and securities to the legal heirs of the deceased who died intestate. This right to inherit is sanctioned when the beneficiaries apply to a civil court of competent jurisdiction....

Testamentary Guardian

As per section 60 of the Act, a father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority. Though the burden of proof to prove that the will was made out of free volition is on the person who propounds the will, a will...

Void & Invalid Wills

Will obtained by fraud, coercion or importunity A will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. (Section 61 of the Act) Will or bequest void for...

Privileged & Unprivileged will

Privileged wills are those that can be made my members of the armed forces employed in an expedition or engaged in actual warfare and can be made in oral form as well. Unprivileged wills are the wills that can be created by every person other than those who can create...

Construction of Wills

It is not necessary, that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom. (Section 74 ) Another general principle applied is that the Will is to be so read as to lead...