Will & Probate

A Will is a legal document that outlines the distribution of a person’s assets after their death. Probate is the legal process of proving the validity of a Will in court. This article provides an overview of Wills and the Probate process in India, including the necessary legal formalities, the role of an executor, and the importance of seeking legal assistance.

Creating a Will:

To create a Will in India, a person must be of sound mind and over the age of 18. The Will must be in writing and signed by the person creating it, along with two witnesses. The witnesses must also sign the Will in the presence of the person creating it.

Probate Process:

After a person’s death, their Will must be probated in order to be legally recognized. Probate is the process of proving the validity of a Will in court. The executor of the Will must submit various documents to the court, such as the death certificate of the deceased, the original Will, and a list of assets and liabilities. The court will also issue a public notice to inform any interested parties about the probate process, allowing them to make any claims against the estate if necessary.

Role of Executor:

If the court determines that the Will is valid, it will issue a probate order, which gives the executor of the Will the legal authority to distribute the assets according to the terms of the Will. The executor is responsible for carrying out the wishes of the deceased, including paying off any debts, distributing property to beneficiaries. The executor must obtain a “no objection” certificate from all legal heirs before distributing the assets. Additionally, if the deceased had any outstanding debts, the executor must ensure that those debts are paid before distributing the assets to the beneficiaries.

Types of Assets:

It is important to note that in India, there are certain types of assets that are not covered by a Will and must be transferred through other means. For example, joint bank accounts, life insurance policies, and property held in joint tenancy may automatically pass to the surviving owner upon the death of one owner, regardless of the instructions in the Will.

Legal Assistance:

In conclusion, creating a Will and going through the probate process is an important step for anyone who wants to ensure that their assets are distributed according to their wishes after their death. It is advisable to seek the assistance of a qualified attorney to help with the drafting of a Will and to navigate the probate process in India.

Indian Legal Help can assist non-citizens and NRIs with Will & Probate matters in India.

Below are the following ways in which Indian Legal Help can provide support in this regard:

• Drafting and Reviewing Wills: Indian Legal Help can assist in drafting and reviewing Wills to ensure that they are legally valid and enforceable. They can also provide guidance on how to distribute assets, appoint guardians, and name executors.
• Probate Applications: Indian Legal Help can assist in preparing and filing Probate applications with the appropriate court. They can also provide guidance on the process of obtaining a Grant of Probate or Letters of Administration.
• Estate Planning: Indian Legal Help can provide guidance on estate planning strategies to minimize tax liabilities and ensure that assets are distributed in accordance with an individual’s wishes.
• Resolving Disputes: In cases where there are disputes among heirs or beneficiaries, Indian Legal Help can assist in resolving such disputes through negotiation, mediation, or litigation.
• Inheritance Laws: Indian Legal Help can provide guidance on the various inheritance laws and regulations in India, including those related to Hindu Succession Act, Muslim Personal Law, and Christian Personal Law.
• Executors and Trustees: Indian Legal Help can assist in appointing executors and trustees who will carry out the individual’s wishes in accordance with the Will or Trust. They can also provide guidance on the duties and responsibilities of executors and trustees.
• Asset Protection: Indian Legal Help can provide guidance on asset protection strategies, including trusts, to protect assets from potential creditors and ensure that they are passed on to beneficiaries.
• Estate Administration: Indian Legal Help can assist in the administration of the estate, including the collection and distribution of assets, payment of debts and taxes, and preparation of estate tax returns.
• Legal Representation: In cases where legal disputes arise, Indian Legal Help can provide legal representation to ensure that the individual’s interests are protected and their wishes are carried out.