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Pravesh DabasAdvocate Delhi, India

02 · Family & Personal Matters

Wills & Probate

A will sets out how a person wants their property distributed after death. Probate is a court's certification that a will is valid and that its executor may act on it.

Probate is a court's certification that a will is valid.

What this covers

  1. 01Preparing and executing wills
  2. 02Probate and letters of administration with the will annexed
  3. 03Challenges to wills
  4. 04Codicils and revocation
  5. 05Executors' duties

How it generally works

Wills are governed mainly by the Indian Succession Act, 1925. A valid will must be signed by the person making it and attested by at least two witnesses. Registration is optional but can help prove the will later.

Whether probate is compulsory depends on where the will was made, where the property is and the community of the person who made it. For many wills in Delhi it is not mandatory, though it may still be useful.

A will can be challenged on grounds such as lack of mental capacity, undue influence, fraud, or failure to execute it properly.