Probate According to section 2(f)[1] of the Indian Succession Act, 1925 Probate refers to a copy of the will that is certified by the seal of a court of competent jurisdiction. Through Probate, rights pertaining administration of an estate is granted to the applicant...
Section 213(1) makes it mandatory for every legatee or executer to obtain a Probate of the will or Letter of Administration with the will before they try to execute a will. Otherwise, an executor or legatee cannot establish any right in a court of law pertaining to...
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...
According to section 2(f)[1] of the Indian Succession Act, 1925 Probate refers to a copy of the will that is certified by the seal of a court of competent jurisdiction. Through Probate, rights pertaining administration of an estate is granted to the applicant (who is...
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....
Will is a legal document through which a person decides how his/her property would be distributed, allocated and spent after his death. A person who dies without creating a will is called dying intestate. Dying intestate forces the relatives of the deceased to spend...
A proper estate planning protects your family and your assets if you die or become incapacitated. Following things shall be kept in mind while planning your estate: deciding who will get your things when you die naming guardians for your children and their property...
Efficient Estate Planning through Trusts A Will is not always hassle free and cannot be subjected to ample of constrains, but a Trust can be made to accommodate your specific requirements. There are two ways in which you can plan your Estate: firstly, by writing a...
When asset holding, asset structure and family structure is simple and straight forward, a Will can be the most effective tool to plan your estate. But if there are several branches in your family tree, and assets are spread out across the country (or world), then it...
Living Will – Law in India The Black’s Law Dictionary defines an advance medical directive as, “a legal document explaining one’s wishes about medical treatment if one becomes incompetent or unable to communicate”. A living will, on the...
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...
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 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...
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...
Section 62 of the Act deals with the characteristic of a Will being revocable or altered anytime during the lifetime of the testator. A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will....
Transfer to unborn persons is invalid (Section 113) Where a bequest is made to a person not in existence at the time of the testator’s death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the...
