Disputed Wills and Probate Claims

A Will must comply with the provisions of the Wills Act 1837 when it is signed and executed, otherwise it will be invalid. Disputes may also arise because of a lack of mental capacity at the time that the testator signed the Will which raises the possibility that they could not have been aware or did not understand the contents of it at the time.

Executors or the administrators of a deceased’s estate have the responsibility of carrying out the estate administration and distribution or ‘Probate’  and must do so in accordance with the provisions of the Will (or as provided under the Rules of Intestacy if no valid Will exists). Persons who ‘intermeddle’ in the administration, or executors and administrators who do not carry out their obligations correctly, can be held to account by the beneficiaries and/or by the Court, In these situations, the Court has discretion to order that the Executors or administrators are replaced.


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