In India, the execution of a WILL involves a legal process that ensures the testator’s wishes are carried out as specified in the document. The process of executing a WILL typically involves the following steps:
1) Filing of the WILL : After the testator’s death, the executor named in the WILL or a family member can file the original WILL with the court having jurisdiction over the testator’s estate. This is usually done within a few weeks of the testator’s death.
2) Probate: If the WILL is valid and legally binding, the court will issue a grant of probate to the executor named in the WILL. This grant gives the executor the authority to distribute the assets according to the terms of the WILL. To file for probate, the executor of the WILL must submit the WILL to the appropriate court and follow the necessary procedures to obtain a court order allowing them to distribute the assets of the deceased person in accordance with their wishes as outlined in the WILL.
3) Notification of beneficiaries: Once the executor has been granted probate, they must notify all beneficiaries named in the WILL of their entitlement to the testator’s assets.
4) Asset distribution: After all beneficiaries have been notified, the executor can begin distributing the testator’s assets in accordance with the instructions outlined in the WILL.
5) Payment of debts and taxes: Before distributing assets, the executor must pay any outstanding debts or taxes owed by the testator.
It is important to note that if a WILL is challenged or contested, the probate process can become more complicated and lengthy. In such cases, it is advisable to seek the assistance of a lawyer to help navigate the legal process and ensure that the testator’s wishes are carried out in accordance with the law.
