Probation of will

WHAT IS PROBATE

‘Probate’ means the copy of a Will, certified under the seal of a court of competent jurisdiction, with a grant of administration to the estate of the testator.

The person who makes a Will, expresses his wishes to be executed after his death by certain persons who are generally named in the Will. The persons so named to execute the Will, are called its executors. A probate is a method through which a Will is certified, under the seal of a court. A probate establishes and authenticates the Will finally. A probate is a conclusive proof of the fact that the Will was executed validly and is genuine and the last Will of the deceased.

WHO CAN APPLY FOR A PROBATE

The application for a probate, can only be made by the executor/s named in the Will. The executor has to make an application for grant of a probate under the seal of the court, certifying the Will. In case there are more than one executors, the probate can be granted to them together or as and when the application for probate is made. In case no executor is appointed under the Will, only a simple letter of administration is issued by the court but not a probate.

WHAT ARE THE CHALLENGES TO WILL AND PROBATE CLAIMS

• Lack of due execution: A valid Will must be in writing and duly signed by the testator. It must be done in the presence of two witnesses, who are required to attest the Will. If the process is not adhere to, a Will can be challenged.
• Lack of knowledge or approval: A person can challenge a Will if he or she can prove that the testator was not aware what was mentioned in the Will when he signed it.
• Undue influence: One can challenge a Will by proving that the Will was procured by fraud, forgery, or undue influence, that is, the lack of free will or without enough attention to the consequences of the bequests made through the Will.
• Lack of testamentary intention: In this case, the individual must prove that the testator did not have the intention to write a Will.
• Lack of testamentary capacity: As per the laws, adults are presumed to possess a testamentary capacity. So, people who are 18 years old or above are entiled to make a Will. Hence, a Will can be challenged on the basis of senility, dementia, insanity, or in case the testator has been under any substance influence, or lacked the mental capacity to make a Will. Here, the person challenging a Will based on mental capacity is require to prove show that the testator did not realise the consequences of writing a will at the time of its creation.
• Fraud or forgery: The challenger of the Will must establish that the Will was forged, that it was not signed by the testator, or it was created through fraudulent act.
• Revocation of earlier Will: If a Will has been registered, it can still be challenged in a court. In case there are suspicious facts, the court will examine the Will even if it is registered. A registered Will may not be considered the last testament if there is a new Will, which is valid and even if it is unregistered.
• Claims by family: A family member can challenge a Will if it can be proven that they were not provided for satisfactorily in the Will.

HOW CAN LAWTECH HELP YOU IN PROBATION OF WILL

we will guide you through the legal formalities, like filing the will in court, notifying beneficiaries, and ensuring compliance with state laws.

We help in preparing and filing necessary documents , such as the petition for probate, inventory of assets, and tax filing, to avoid any legal hurdles.

In case of objection or dispute from family members, we can provide legal advice, mediate conflicts, or representation you in court, if needed.

We will ensure fair valuation of assets and distribution them as per the will’s instructions without legal complications.