What is Contentious Probate?
Contentious probate is the term most commonly used when referencing most disputes or disagreements that arise during the administration of an estate, most likely due to the manner of distribution of assets belong to deceased.
For example; the validity of a deceased person’s will; issues regarding the interpretation of clauses within in a will; the exclusion of person under the will; issues with the conduct of an executor; or disputes regarding the assets or their value within the estate.
What is a Grant of Probate?
A Grant of Probate is the document provided by the Probate Registry to provide the executor named in a Will the legal authority to administer and distribute the estate assets in accordance with the Will.
In the case there is not a Will, a Grant of Letters of Administration is required and often applied for by the person(s) entitled to benefit under the intestacy rules.
A Grant of Probate can take around eight weeks to be issued once applied for.
Can a Grant of Probate be stopped?
It can, if you believe you have a justified reason for doing so, such as concerns about the validity of a Will. In order to do this, you must lodge a ‘caveat’ with the Probate Registry against the estate. In most circumstances, it must be done quickly so that it is lodged before the Grant of Probate is issued.
You should only lodge a caveat with the Probate Registry if you believe you have a genuine and viable dispute.
Can I Get a Copy a Will?
It depends. A Will becomes a public document when a Grant of Probate is issued and it is therefore possible to request a copy from the Probate Registry, for a small fee.
If a Grant of Probate has not been issued, it will most likely be determined by any form communication or consent that might have been provided by the deceased before they passed away. In the absence of this, it might be difficult, as a Will is considered a sensitive and private document.
In most circumstances, before a Grant of Probate has been issued, it is the responsibility of the deceased’s executors to decide whether or not a copy of the will should be shared with anyone else and any request for a copy should be directed to them or their legal representative.
Will I Know If a Grant of Probate Has Been Issued?
Executors of an estate are not legally obliged to inform you when a Grant of Probate has been applied for or received.
However, it is possible to set up a standing search at the Probate Registry. For a small fee, this search will notify you if and when a Grant of Probate is issued during a 6 month period, at which point a decision can be made whether to extend the search.
Although we hope the above might be helpful, it does not constitute legal advice and if you do find yourself in any of the above situations, we would recommend that seek formal advice.
We have a new Problem Probate Drop In Clinic where Aaron Pottle and Gregory John will be offering free no obligation 15 minute consultations. Visit our Braintree office on a Thursday morning between 10am and 1pm.