Quizzes & Puzzles0 min ago
probate and contesting a will
An auntie died leaving a legal and valid will. the will has gone to prbate. After the death ,coincidentally, a long lost niece by marriage has turned up. Unbeknown to her she has been left a small gift of money in the will. At the moment ,although she does not know what she has been left, sha has suggested that she might contest the will. Whilst believing that she will not be able to increase her gift I would like to know what happens next. {Probate office have told the executors they must wait for six monthss before doing their job. What happens next? how does it work?
I will say thank you now for the help as I can never work out how to return to the pages to say thanks!
I will say thank you now for the help as I can never work out how to return to the pages to say thanks!
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Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.You say the will has "gone to Probate", but now the probate office have told the executors they must wait six months. It sounds to me like the niece has lodged a caveat. This prevents the Grant being issued. The executors should enter a warning to the caveat to move things on. Unless the niece enters an "appearance" to the warning, her caveat will be dismissed and the Grant issued, which means the estate can be administered. If the niece enters an appearance, the executors should issue a summons for directions to move the claim forwards.
Can you just answer these questions please? Was there an earlier will? If so, do you know it's terms? Exactly what is the relationship of the "niece" to the auntie - "by marriage" seems to indicate she is not a blood relative. Has she indicated on what basis she will contest the will?
Can you just answer these questions please? Was there an earlier will? If so, do you know it's terms? Exactly what is the relationship of the "niece" to the auntie - "by marriage" seems to indicate she is not a blood relative. Has she indicated on what basis she will contest the will?