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Challenging a Will Before Grant of Probate Lodge Caveats with Court |
If Grant in Common Form not yet made: Caveat Prevents Court issuing grant of probate without first notifying person who lodged Caveat. (1) Caveats Seeking Proof of Will in Solemn form: Can only challenge Will on Issue of Due Execution: such as concerns about forgery or doubts about whether Will properly Signed & Sealed. (2) General caveats:
(3) Caveats Forbidding Grants in respect of informal documents: Thus prevents Court from making grant without First Hearing from Caveator regarding whether tinformal documents should be granted validity. |
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After Grant of Probate Left out of Will or No Will |
Make Application to Equity Division of Supreme Court under Family Provision Act 1982
For People not provided for in the Will. Court can order Provision out of the estate be made for Person's Maintenance, Education or Advancement in Life: such as Wife, Husband or child of the child of the deceased, or former wife or husband. |
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Revocation of Grant of Probate |
Where Grant of Probate in Common Form been made: Lodge Application with Court to Revoke Grant: Grounds for Revocation limited, include:
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Act on behalf of Executor of Will |
Structure Estate Distribute Estate to Beneficiaries Defend Challenges to the Will
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