Law of Wills -- Importance of Probate
Will and Probate Background: In the previous blog we have discussed about – what is a Will and its essential characteristics, who can make a Will, care to be taken while drafting a Will and so on. In today’s blog we will discuss about what is a Probate and how can it be obtained. We have already seen that a Will is a legal declaration made by the testator/testatrix with respect to his property, which he desires to take effect after his death. It is a legal instrument by which a person makes a disposition of his property to take effect after his death. It is to be noted that in metro cities like Mumbai, Chennai and Kolkata one needs to apply for probate. Also, sometimes the situations may so arise (we will discuss the situations subsequently), wherein the executor of the Will may have to apply for a probate in other areas as well. What is a Probate and its importance? In simple language, a probate is nothing but an official proof of a will. The exec...