Can A Grant Of Probate Be Revoked UK?

Probate is a legal process which is often needed when a person dies. It gives an individual, or a group of people, the legal authority to deal with a deceased person’s property, money and possessions – known as their ‘Estate’. Probate is not required every time a person dies and examples of this include if the deceased passes all their assets to a surviving husband or wife or owns very little, known as a ‘small estate’. In some circumstances, the granting of probate may be contentious and in this article, can a grant of probate be revoked UK, we take a look at the process involved.

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What is probate?

In England and Wales, Probate is the legal and financial processes involved in dealing with the property, money and possessions (assets) of a person who has died.

Before the next of kin or Executor named in the Will can claim, transfer, sell or distribute any of the deceased’s assets, they may have to apply for Probate.

When Probate has been granted through a Grant of Probate or Letters of Administration the next of kin or Executor can start to deal with the deceased person’s assets in accordance with their Will. If the deceased died without a Will, the law will determine who should receive everything.

Is it possible to revoke a grant of probate?

Under certain circumstances, it is possible for a Grant of Probate to be revoked.

If someone has concerns over the Executor applying to deal with the estate and whether they have the right to do so, they are known as the Caveator and can enter a probate caveat to temporarily stop the grant being issued whilst you ask a court (not the Probate Registry) to consider your claim. A caveat should be used to prevent a grant of probate being issued whilst a Caveator investigates whether there are grounds to oppose the grant. Examples of when to use a probate caveat include:

• the Will may not be legal. For example, is it the deceased person’s last Will? Was the deceased mentally competent when it was made? Was it properly signed and witnessed? Has it been tampered with? Did the deceased re-marry or enter into a legal civil partnership after the Will was made? Was the Will made undue influence?
• the person intending to apply for a grant may not be entitled to do so
• there may be a dispute between people equally entitled to apply for a grant.

Once a Grant of Probate has been issued, the only way to “dispose” of it is to begin an action for revocation. Therefore, if you think a Will is invalid, you should look to act quickly to commence an action for the revocation of a Grant.

Sometimes a Grant needs to be revoked because a new Will has been discovered which post-dates the Will which has been admitted to Probate. Also, Letters of Administration may have been issued to the wrong person in an intestate estate. Occasionally a Will may be found which proves there was no intestacy.

The court has the power to revoke Grants by way of order, judgment or through an application by a judge or registrar. It is important that you seek expert legal advice if you find yourself in this position. Blackstone Solicitors is highly experienced in dealing with these kinds of cases.

How we can help

We have a proven track-record of helping clients draft their Wills and deal with probate. This includes relatively straightforward estates and also complex estates where assets are held all over the world. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact our Wills and Probate Solicitors

It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of guiding you through the often emotional process of probate in a sensitive and supportive manner and help ensure you achieve a positive outcome.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in News, Private Client Tagged as