Administration and Distribution

Defending a challenge to the validity of a Will

When there is a challenge of this nature the administration of the estate is put on hold until the court decision. That is unless the parties agree and the court orders that certain urgent matters concerning the estate assets should be dealt with in the meantime. However there would never be a distribution until the court makes a decision on the validity of the Will.

Defending a family provision claim

When there is Will contest (family provision claim) the rules are different to above. The executor or administrator is entitled to administer the estate leading up to the court decision however not to distribute the estate without consent of the parties or court order. For example property can be sold however the sale proceeds should not be distributed.

If the executor or administrator attempts to distribute the estate before the court decision an aggrieved party may make an application to the court seeking an order restraining the executor from doing so.

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