Applying to the Court

Question 1

What 4 things should an application for a grant of probate include?

Answer 1

1. 2 x copies of the will
2. Official copy of death certificate
3. Tax form
4. Probate court fees

Question 2

What must be included from a witness/other person present if the will in application doesn’t include an attestation clause?

Answer 2

Affidavit of due execution

Question 3

What is a caveat?

Answer 3

A notice which prevents the issue of a grant of representation unless the caveator is notified of the application and has a chance to object

Question 4

How long can a caveat hold up the administration process once issued?

Answer 4

Up to 6 months

Question 5

What is a citation to accept or refuse a grant?

Answer 5

A document used to clear off a person with a prior right to a grant of representation who has not applied for it and shows no intention of applying

Question 6

When is a citation to take probate used?

Answer 6

When an executor has lost their right to renounce their role because they’ve intermeddled with the estate, but hasn’t and does not intend to apply for a grant