What are Urgent Applications? Sometimes a grant is required quickly. Certain applications can be made to obtain a limited grant of Probate. Perhaps the deceased entered into a contract for sale of property and died before settlement, legally the contract is enforceable and if settlement does not occur the estate may be sued for losses that result. An urgent grant of Probate may be obtained … [Read more...]

A document must only comply with the minimal conditions set out in the Wills Act to be considered a legal Will. The requirements are not difficult to achieve. It is true, something written on the back of the proverbial corn flakes packet might be considered a valid Will. The issues with Will Kits arise after the person who wrote it has died and their family or loved ones are attempting to … [Read more...]

Complicated Terms. Some Wills contain very complicated and lengthy terms such as life interests and testamentary trusts. Executors need to ensure they not only abide by law when administering the estate but adhere strictly to the obligations and powers granted to them by the Will itself. Scandalous and Offensive Terms. On occasions Wills contain clauses or terms that may be considered … [Read more...]

Is it clear? Sometimes the description, or the position of appointment, of an executor is not clear. Legal advice is required to ensure the correct executors are obtaining the grant and on occasions, where true uncertainty exists, an application to the Supreme Court is required for advice and directions as to who may be entitled to obtain the grant of Probate. Conflict between … [Read more...]

If the Will is lost, a grant of probate may still be made on a lost (copy) Will with an application to the Supreme Court. You can oppose that order being made if you believe the Will was destroyed by the deceased intentionally revoking it. If the Will is damaged? Although small issues such as paperclip marks, a Will that has been re-stapled or small imperfections can be easily explained, they … [Read more...]