When someone dies, their will may be disputed by the potential beneficiaries. In this situation, the people who are disputing the will’s validity can contact the probate Registry to request that a caveat is placed against the estate. This will stop the executor from getting a grant of probate and administering the estate. This is often a lengthy process; assets can usually depreciate in that time, reducing value. Under these circumstances, you may apply for a limited grant of probate.
What is a Limited Grant of Probate?
A limited grant of probate refers to when the court allows an appointed person to take charge of an estate and sell certain items as required. The person can legally make decisions while being protected from personal liability. This is so the assets’ values are safeguarded and liabilities are paid.
Why Would a Limited Grant of Probate be Needed?
Here are some of the most common reasons why a will may be contested and, therefore, a grant of probate is needed:
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Call 020 8150 2010Capacity – Did the deceased have the mental capacity to write the will and fully understand everything covered in it?
Correct signing and witnessing – Were the proper formalities met? Was it signed and witnessed correctly?
Under undue influence or coercion – Did someone pressure the deceased to make or amend the will?
If you would like to speak to a probate expert, call us free on 020 8150 2010
Fraud or forgery – Is there reason to believe that a part of the will was amended without authority? Are all the signatures genuine?
Ambiguous – Are there any parts of the will that are ambiguous or unclear?
How and When to Apply for a Limited Grant of Probate
If you intend to contest someone’s will, it must be done within six months of the grant of the probate issue date if one has been issued. If it is challenged before a grant of probate has been given, it will stop the executors from continuing administration. This is when the executors may apply for a grant of probate in order to preserve the value of the estate and its assets and pay the inheritance tax due.
A grant of probate can include a limited grant of administration to solicitors as well as grants for the purpose of benefiting a minor and must be applied for through the Probate Registry.
Get in touch with IWC Probate for help with probate issues on 0208 81502010.
