What is Probate ?

  • A “Grant of Probate” comes from the Supreme Court and is the official acknowledgement that on the available evidence:
    • the deceased is in fact deceased
    • a will is the last will of the deceased
    • the executor is authorised to collect assets from persons holding them on behalf of the deceased.
  • Probate is granted by the Supreme Court (although you don't have to go to court unless there is a dispute about the will)
  • People paying assets of the deceased to the Executor named in the grant of probate are protected from future claims by other persons even if the probate is overturned by
  • Probate can be revoked if the will is proven to be not the last or other defects found in the process (ie. the person is not dead).
  • in that case the Executor may have to pay the money back to the estate (even if they have paid it out to other beneficiaries - the Executor would then have a right to take action to recover from such beneficiaries).
Are there any death duties ?
Who can be a witness to the will ?
 

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Tuesday, 22 October 2019
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