Sunday, March 15, 2015

SECTION 2-516. DUTY OF CUSTODIAN OF WILL; LIABILITY. Uniform Probate Code


SECTION 2-516. DUTY OF CUSTODIAN OF WILL; LIABILITY.
After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. A person who wilfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
Comment
In addition to a Registrar or clerk, a person authorized to accept delivery of a will from a custodian may be a universal successor or other person authorized under the law of another nation to carry out the terms of a will. 

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