Can I Oppose a Grant of Probate?

In order to oppose a Grant of Probate to contest the validity of a Will, a person must have the appropriate “standing”, which means having a legal interest in a deceased person’s estate. You have an interest if:

• you are a named beneficiary under the last, or an earlier Will of the deceased;
• where there was no Will you would be entitled to a share of the estate under intestacy laws;
• you are owed money by the estate.

Probate Caveats

When the Court issues a Grant of Probate, it allows the Executor to commence distributing the deceased’s assets to the beneficiaries named in the Will.

If you want to prevent a Grant being sanctioned in order to initiate a challenge to the Will, a Probate Caveat can be lodged with the Court. Contesting the validity of a Will may be, for example, because of mental issues leading to a lack of testamentary capacity, undue influence having been placed on the Will-maker, or even fraud.

What do you need to do?

You must act quickly if you wish to lodge a Probate Caveat as one cannot be granted after the Court has issued a Grant of Probate. Before this, it will be important to be clear whether you are eligible to lodge a Caveat and, if so, understand what needs to be done once a lodgement has been made. This includes preparing the evidence required to contest the Will.

Contact our Probate Lawyers in Sydney, NSW

If you are considering opposing a Grant of Probate with a view to contesting a Will, please contact the experts at Szabo & Associates Solicitors on 02 9281 5088, or complete the online enquiry form.