My father Hindu wrote his will in 1980 & expired in 2007. One executor died other declined due to old age.?

Question

Is the will still valid? What should beneficiaries do?

Answer 1

The will is valid no doubt about it. Next thing about its execution as you told one executor expired & other is too old for all the legal procedure, then all beneficiaries or any one of them get power of attorney from this other executor to move the court for getting this will probated & get an execution order thereof. Once these probation order & execution order are obtained from the court distribute the property of the deceased accordingly as provided in the will in presence of this surviving executor if that execution order is in his favour.

Answer 2

The surviving executor can give a power of attorney to some one who is willing to accept the responsibility, and all concerned are willing to accept him or her , then get the blessing of the court and appoint him or her, as executor.

If the will is not contested then its validity is undisputed so it is valid. If contested then the court will have to determine the validity.

Answer 3

I would take the will to the surrogate court, they will have to appoint an executor.