Meaning of Probate
Section 2(f) of the Succession Act 1925 defines Probate
Probate means the copy of a will that is certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator.
Rules as to Probate
- Probate shall be granted only to an executor appointed by the will.
- The appointment may be expressed or by necessary implication.
Explanation
Probate can be claimed only by the person who is appointed as executor by will either expressly or by necessary implication Sole/Universal legatee appointed under the will, can claim only a letter of Administration.
(a) Grant of Probate to Several Executors
When several executors are appointed, probate may be granted to them all simultaneously or at different times.
Illustration: A is an executor of B’s will by express appointment, and C an executor of it by implication Probate may be granted to A & C at the same time or to A first and then to C or to C first and then to A.
(b) Separate Probate of Codicil discovered after the Grant of Probate
If a codicil is discovered after the grant of probate. separate probate of the codicil may be granted to the executor, if it, in no way, repeals the appointment of executors made by the will.
If different executors are appointed by the codicil, the probate of the will shall be revoked and a new probate granted of the will and the codicil together.
Effect of Probate
Probate of a will when granted establishes the will from the death of the testator and renders valid all intermediate acts of the executor as such.
