Revocation of Probate

There are two broad instances where certain eligible persons may seek a revocation of a grant in common form.

  • The first instance is where the grant has been made in error, or the grant was improperly obtained. This may occur when it is alleged that the testator lacked the requisite capacity to make the will of which probate was granted;
  • The second instance is where the grant has become ineffectual. This may come about because the executor lacks capacity to continue to perform their duties in administering the estate; or there is gross misconduct or gross delay by the executor; or if there is ineffective co-operation between joint executors. In the event that one of the situations illustrated above arises, only certain people are entitled to seek revocation of a grant. These include a person entitled on intestacy, beneficiaries named in the will that was admitted to probate, beneficiaries named in a previous will, and the executor named in the will.
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