Probate actions—revocation of grant

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

  • Probate actions—revocation of grant
  • Types of revocation
  • Will revocation
  • Operation of law
  • Marriage
  • Dissolution
  • Instrument in writing
  • Physical act
  • Animus revocandi
  • Conditional/dependent relative revocation
  • More...

Probate actions—revocation of grant

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 to provide for the use of witness statements as an alternative to affidavits for the non-contentious probate applications and processes contained in the following rules: NCPR 1987, SI 1987/2024, rr 10(1)(b), 12(1), 12(2), 16, 19, 25(2), 26(1), 32(2), 36(2)(a), 44(6), 44(10), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3), 55(2) and 55(3). This makes permanent the temporary provisions introduced by the President of the Family Division at the start of the coronavirus (COVID-19) pandemic. See: LNB News 01/10/2020 19.

Types of revocation

There are two areas in which an action involving revocation may occur:

  1. where there is a challenge, on an application to prove a Will in solemn form, that the Will was revoked

  2. on a claim for the revocation of a grant

In respect of a challenge that a Will was revoked, there may be consequential actions:

  1. a claim for breach of contract not to revoke a Will

  2. a claim on the basis of proprietary estoppel

  3. a claim to enforce an agreement to make mutual Wills

In order to deal with a challenge that a Will was revoked, it is necessary to examine the rules relating to Will revocation.

Will revocation

A Will can only

Related documents:

Popular documents