Probate actions—interest actions
Probate actions—interest actions

The following Wills & Probate practice note provides comprehensive and up to date legal information covering:

  • Probate actions—interest actions
  • Identity
  • Family relationship

A grant of probate may be taken out by a maximum of four from any of the executors appointed by the deceased in their Will who are not under a legal disability, subject to notice being given to their co-executors. Where there is no Will or there are no executors able or willing to act, administration'>letters of administration may be taken out without the requirement for notice to other persons entitled to obtain letters of administration in the same category.

Interest actions concern the title of the person claiming to be entitled to a grant to the deceased's estate and arise when the interest of the person claiming letters of administration or opposing a Will is disputed. The claim becomes an interest action and without such an interest a claimant cannot bring a probate claim. The disputes may arise:

  1. as an incidental or collateral question in a suit where the interest of a person opposing a Will is denied, in which case it may be tried separately from the main issue as to the validity of the Will or

  2. as an original suit respecting the right to the administration of the intestate's estate

They usually occur where

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