Q&As

Where a later valid Will (W2) is found after a prior valid Will (W1) has already been extracted and a grant of probate issued in respect of it, what remedies do a beneficiary under W2 and an executor under W2 have in order to ensure that the estate is distributed on W2's terms?

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Produced in partnership with Alastair Goggins of Gardner Leader LLP and Helena Taylor of Gardner Leader LLP
Published on LexisPSL on 26/03/2021

The following Wills & Probate Q&A produced in partnership with Alastair Goggins of Gardner Leader LLP and Helena Taylor of Gardner Leader LLP provides comprehensive and up to date legal information covering:

  • Where a later valid Will (W2) is found after a prior valid Will (W1) has already been extracted and a grant of probate issued in respect of it, what remedies do a beneficiary under W2 and an executor under W2 have in order to ensure that the estate is distributed on W2's terms?

Under the Non-Contentious Probate Rules 1987, SI 1987/2024, r 41(1), a district judge or registrar is able to revoke a grant of probate if they are satisfied that the circumstances require such a remedy. However, in the vast majority of cases, this right will only be exercised with the permission of the current grantee (who, in this example, would be the executor of W1).

The key grounds for revocation of a grant of probate are:

  1. it was obtained on an incorrect or false statement

  2. since the grant of probate was obtained, the grantee is now unable or unwilling to act, and

  3. the grant of probate contains a significant error (such as stating an incorrect name)

In these circumstances, the relevant ground would be that the current grant of probate was obtained on an incorrect statement as the cu

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