Distinguish between the following: 'Probate' and 'letter of administration'.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
Distinguish between the following: 'Probate' and 'letter of administration'.
Answer & Explanation:
Probate is a certificate granted under the seal of Competent Court, certifying the Will as the Will of the testator and granting the administration of the estate of the deceased in accordance with that Will to the executor named under the Will. A will has no legal effect until it is probated. A will should be probated immediately, and no one has the right to suppress it. A letter of administration can be obtained from the Court of competent jurisdiction in cases where the testator has failed to appoint an executor under a will or where the executor appointed under a will refuses to act or where he has died before or after proving the Will but before administration of the estate. Letters of Administration are not always necessary in cases of intestacy of Hindus, Mohammedans, Buddhists, Sikhs, Jains, Indian Christians or Parsis. Letter of Administration is always necessary where a person (governed by the Indian Succession Act) dies intestate.
Topics: Indian Succession Act
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