probate refusal

Legal reasons for the refusal of probate

Reasons for the refusal of probate

Litigation and Contentious Probate

Litigation and Contentious Probate can be complex and difficult processes. Disputes in relation to the validity of a will can significantly delay the administration of an estate, as someone with interest in the estate may enter what is known as a ‘caveat’ at the Probate Registry.


This prevents probate from being granted until it is challenged, which can cause significant delays.


The person entering the caveat may choose to back down, or they may take the step known as ‘entering an appearance’, in which case the caveat can only be removed by agreement between the parties and with approval from the District Probate Registrar.


It is important to seek legal advice if you are involved in any kind of dispute relating to a will or intestacy. This can help ensure that your rights are protected and that any disputes are resolved quickly and efficiently.

Respond to a challenge against your probate application
If someone has entered a caveat against your probate application, it means that they are disputing the Will or who can apply for probate.


This can be difficult to navigate, as the caveat stops all applications for probate on the estate being granted during that time.

It is important to understand that the caveat lasts for 6 months initially and can be extended for another 6 months if necessary.


During this time, it is important to work with the person entering the caveat to try and resolve any issues so that your probate application can proceed. If you cannot reach an agreement, you may need to seek legal advice to move forward with your application.


Delays with Third Parties

Delays with third parties can be common when dealing with estates, particularly those that are more complex and taxable. It is important to obtain as much detail as possible prior to taking out the Grant.


However, it is also possible to rely on estimates in order to avoid delays. Business assets, interests in trusts and overseas assets can all take time to value, and consideration must be given to any Wills made in other countries.


Probate in the UK and Australia can also cause delays due to the different laws and regulations that apply in each country.


In cases where there is no inheritance tax to pay, and the gross value of the estate does not exceed £325,000, it is less likely that delays will occur due to third parties.


However, it is still important for executors or administrators of an estate to ensure they have all the necessary information before proceeding with any applications or paperwork.


This will help minimise any potential delays caused by third parties or other external factors.


Advice on What to Do if an Executor Fails to Act

When a person passes away, they often nominate an executor to manage their estate. This is usually a trusted individual or group of people who are responsible for carrying out the wishes of the deceased as stated in their Will.


The executor has many duties, such as distributing assets and paying debts, and if they fail to act according to the Will, it can cause significant problems for those involved.


If an executor fails to act in accordance with the terms of the Will, then it is important to take action quickly. The first step should be directly contacting the executor and explaining why their actions are unacceptable.


If this does not resolve the issue, then it may be necessary to seek legal advice from a solicitor or other professional who can help ensure that the estate is managed correctly.


It is also possible to apply for a court order which would force the executor to comply with their duties or face penalties. In some cases, it may even be necessary to remove them from their position entirely and appoint someone else in their place.


What is a citation to accept or refuse a Grant?

A citation to accept or refuse a Grant is a legal document that is issued by the registry of a court. It requires the Citee, or the person who has been named in the Will as an executor, to apply for a Grant of Probate.

This Grant is necessary in order for them to be able to administer the estate of the deceased. If they fail to do so, then the Citor can ask for an order from the court that allows them to apply for the Grant on behalf of the Citee.


Applying for a Grant of Probate involves providing evidence proving that you are legally entitled to act as an executor and administer the estate. This includes submitting documents such as death certificates, wills, and other relevant paperwork.


Once all this information has been provided and accepted by the court, they will issue a citation allowing you to proceed with administering the estate.


It is important that all parties involved strictly adhere to this process to ensure that everything runs smoothly and efficiently when it comes time to distribute assets from an estate.


Citation To Accept Or Refuse A Grant Of Probate

The citation procedure is a legal process that allows an individual to accept or refuse a Grant of Probate. This process is used when the person appointed as an executor under a Will delays or declines to take the necessary Grant of Probate.


The first step in this process is to ask yourself if you would be entitled to the Grant of Probate if the person entitled were to renounce it. If you are, for example, the deceased’s next of kin, then you would be entitled and can proceed with the citation procedure.


The citation procedure involves sending a formal notice, known as a ‘citation’, to the executor who has been appointed under the Will.


This notice informs them that they have 28 days from receipt of the notice to either accept or refuse the Grant of Probate.


If they do not respond within this time frame, then it will be assumed that they have refused, and another person may apply for Letters of Administration instead.


It is important to note that if an executor accepts the Grant, they must still comply with all their duties and responsibilities as set out in law.