Legal Question in Wills and Trusts in India
Probate rules for joint will
We have been advised by a lawyer that in order to probate a will made jointly we have to probate them separately in two names. I would be grateful if you could let me know if this is the law in Calcutta. Also, how much will it cost (approximately)to probate the will.
Thank you for your help.
2 Answers from Attorneys
Re: Probate rules for joint will
Who is the executor of the Will. Are there more than 1 Executor. The Will has to be probated accordingly.
Re: Probate rules for joint will
Making seperate applications for probate of a joint wills will depend upon many circumstances; and more particulars are required for advising you properly. What is the relationship between the two persons making the joint will? Has the will provided for a sole executor or a joint executor etc?
The expenses are also two fold - one is the court fee stamp, which will depend on the valuation of the assets provided for in the will. The other expenses are with regard to legal fees and costs - such expenses will also depend on whether the probate application, is joint or seperate, and also in which court is the application required to be filed - High Court or a District Court?
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