Disputes over the Grant of Probates

The application for probate by an executor of a will can be contested.  For example if the validity of the will is challenged, probate will not be granted and will be held up until after the dispute has been resolved.

The validity of a will can be challenged in a number of ways, including allegations that it has not been executed properly or that the deceased was pressured into making the will.

Probate can also be held up if the appointment of the executor is challenged.

In the future, we will be covering the following topics:

 

How is a Will cancelled or ‘revoked’?

Written by Terry Johansson | 13th September 2013

A Will can be cancelled or ‘revoked’ in many ways. Whether a Will has been properly revoked may be an issue if, for example, more than one (1) Will has been found. The testator’s intention to revoke his / her earlier Will is usually stated in the testator’s new Will....

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Can you object to the person appointed as executor under a Will?

Written by Terry Johansson | 13th September 2013

A testator is entitled to appoint whoever they wish to act as the executor and trustee of their Estate. Usually, the testator will appoint the same person to be both the executor and trustee; typically a family member, close friend or solicitor. There is not much that can be done...

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What are the costs of a contested probate?

Written by Terry Johansson | 13th September 2013

Whilst there are some situations where the costs to challenge a Will are paid from the estate, this is not always the case. The general rule is that the successful party will have their legal costs paid for by the unsuccessful party. There are however some exceptions to this rule....

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Challenging a Will: can the validity of a Will be challenged?

Written by Terry Johansson | 13th September 2013

Yes. In order for a Will to be valid, it must comply with certain legal requirements.  These requirements will vary from State to State. If the validity of a Will is challenged in any way, the executor’s application for Probate will be withheld until the dispute is resolved, usually by...

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International Issues

More info on Wills
& Inheritance?

More info

LGBT RightsWhere do you stand?

More info

Making a Will

Find out what’s involved

More info

International Issues

More info on Wills
& Inheritance?

More info

LGBT RightsWhere do you stand?

More info

Making a Will

Find out what’s involved

More info