Q&As

What is the process to apply for a grant of probate where a previous grant of probate for the same estate has been revoked?

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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP
Published on LexisPSL on 10/11/2020

The following Wills & Probate Q&A produced in partnership with Oliver Auld of Charles Russell Speechlys LLP provides comprehensive and up to date legal information covering:

  • What is the process to apply for a grant of probate where a previous grant of probate for the same estate has been revoked?

What is the process to apply for a grant of probate where a previous grant of probate for the same estate has been revoked?

Revocation of a grant of probate can occur for a number of reasons including invalidity of the Will or the grant being improperly obtained. Revocation can also occur when the grant is properly obtained, but is subsequently rendered defective. Death of a grantee before issue and loss of capacity of one of multiple grantees will also result in revocation.

The act of revocation can be executed in different ways. Under the Non-Contentious Probate Rules 1987, SI 1987/2024, r 41(1), a district judge or registrar can order that a grant be revoked if satisfied that such an order should be made. An order can be made either upon an application or without one. However, the power to make such an order without an application will only be exercised in exceptional circumstances Additionally, section 25(1)(b) of the Senior Courts Act 1981 gives the court power to revoke grants of probate. The usual

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