WILL/PROBATE
In legal terms, probate is the legal process by which a will is validated by the court as the last will of a deceased testator. In simple terms, probate means a copy of certification from the court or competent jurisdiction that a will can be transferred to a beneficiary of the will.
Benefits Of A Probate Will
-> It helps protect small estates.
-> It gives direction to cases where there is no will in place so that the right beneficiary gets the testator’s inheritance.
-> The probate process is beneficial to those who want to publicize the distribution of the will.
-> Probate gives you the chance to close out all creditors to the estate within a 90-day period.
-> It can be used as a tool to challenge a creditor’s claim in a court of law if you think that the creditor has falsely made a claim.
-> Probate offers the court the opportunity to handle a disputed will.
-> Probate of a Will establishes the authenticity of a will after the death of the testator and shows the executors and legal heirs to the content of the will.
Checklist For A Probate Will
-> The will must be drawn in favour of the applicants or applicant, by the testator of a will.
-> Will should be registered, and subject to probate should not be revoked by the testator.
-> The death certificate of the testator must be obtained by the applicant.
-> Court fees duly paid in accordance with the Court Fees Act.
-> The appropriate jurisdiction to file the application shall be identified.