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UNIT-5

CHAPTER-10

WILL

The expression ‘Will” is defined in section 2(h) of the Indian Succession Act, 1925, and it means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.

In simple words, a will is a document through which a deceased person disposes of his property. A person who dies without having made a will is said to have intestate.

• A will can be revoked any time
• Registration of will is optional

Testator Or Legator:- The person who makes the Will

Beneficiary Or Legatee:- The person who inherits property under a Will or in simple words, the person who enjoys the benefits of the Will.

PROBATION OF WILL

The expression ‘Probate” is defined in section 2(f) of the Indian Succession Act, 1925, and it 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.

• Probate is the judicial process whereby a will is “proved” in a court and accepted as a valid public document that is the true last testament of the deceased.
• Probate is required when an estate’s assets are solely in the deceased’s name. In most cases, if the deceased owned property that had no other names attached, an estate must go through probate in order to transfer the property into the name(s) of any beneficiaries.

EXECUTOR

An executor is someone named in a will, or appointed by the court, who is given the legal responsibility to take care of a deceased’s remaining financial obligations, from disposing of property ……………………….READ MORE

  

 

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