McNab McNab & Starke

When is a grant of probate or letters of administration needed?

A grant is usually needed whenever some formal or important step needs to be taken on behalf of the estate of a deceased person. This varies from estate to estate. A grant will always be needed if the deceased person had real estate in his or her sole name, or other substantial assets in his or her own name.

The executors won't tell me what is happening in the estate, what can I do?

If you are a beneficiary of the will you are entitled to know the progress of the administration and to be provided with accounts by the executor. Often though executors do not provide this information and if a beneficiary is concerned then the executors can be made to comply with their obligations.

My mother has dementia and her last will is out of date. Can a will be made for her?

It is possible to apply to the court for it to authorise the making of a will on certain specific terms for a person who has lost the capacity to make a will for himself or herself. This is a complex process and requires legal assistance.

Can I take on the role of executor even though I might want to bring a Part IV claim to challenge a will?

Yes. This is so even if there is no other executor. The role of an executor extends beyond any claim that you might have regarding the will having made inadequate provision for you and there is no reason why you should give up the ability to handle those tasks if you don't want to. If you brought a part IV claim the other executors or, if there are no other executors, one of the main beneficiaries in the will, would perform the role of handling the opposition to your claim.

The executor seems to be taking a long time to apply for a grant, can I do anything?

You can bring an application in the court for the executor to show because why he or she should not be replaced with another person to administer the will. The administration of an estate cannot be held up simply because an executor fails to start his or her task.