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:

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....

What if I suspect that the deceased was pressured by someone into changing his/her Will?

Written by Terry Johansson | 13th September 2013

If the testator was pressured or intimidated into making or changing his/her Will, then this could make the Will invalid. This pressure is called ‘undue influence’. There must be independent evidence showing that there was an exercise of an improper influence over the testator which amounted to intimidation or ‘coercion’....

What if I think that the Will is a fake or the testator’s signature was forged?

Written by Terry Johansson | 13th September 2013

A fake Will or one where the testator’s signature has been forged will obviously fail to meet the legal requirements of a Will. Forgery is a criminal offence and criminal charges may be brought against the forger if their identity is known. A court can make a finding that a...