signature of witness required to probate a notarized will?
2 years ago
So I purchased a property owner left me a notarized will giving right for transfer, sale, mortgage & her legal heir (2 sons) have no intention for the property. Her 2 sons are the only witness signed in the will. 1 son died. So my question is can I the sole executor can probate the will with death certificate or I will require witnesses signature ?
A.What is probate of will? It is nothing but authenticating the will by the hon'ble court so, when someone applies for probate of a will then the main work of the court is to check and declare the authenticity of the will hence if while applying of the witnesses have signed then it becomes easier for the court to prove the correctness of the will and thus it is required that while filing the application for probate the witnesses must sign the application.
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A.Dear Sir,
Witness signature is necessary along with your signature to file a probate. If you wish to file probate without signature of witnesses then you have to file application to dispense with such signatures on the grounds that you may rely upon.
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Witness signature is necessary along with your signature to file a probate. If you wish to file probate without signature of witnesses then you have to file application to dispense with such signatures on the grounds that you may rely upon.
PLEASE GIVE ME RATING AS RANK 5
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.At the time of probating that Will it is necessary to give notice to all the legal heirs of that deceased person who otherwise will inherit the property if there was no Will. Attesting Witnesses have to testify before the Court of Law the execution of that Will in their presence and have to adduce evidence. There are other procedural aspects regarding Court fees and other processes. Please take note that thorough scrutiny of that Will is necessary to give legal opinion. Registration of Will is optional but if the Owner/ Testator who makes that Will is alive then it is better to make that Will registered otherwise complicacy may arise in future.
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