Probate claims Flashcards
(9 cards)
what action can a person take to prevent GOR being issued? give examples of when they might do this
a person with an interest in the estate can enter a caveat to prevent GOR being issued i.e. concerns T lacked capacity, time to obtain information
what happens once a caveat is entered?
Someone propounding the Will can enter a warning in response. If they do, the caveator must then enter an appearance within 14 days. Outcomes:
o Appearance made - GOR cannot be issued without a court order
o No appearance - caveat will be removed.
how long does a caveat last?
6 months but can be extended
why would someone issue a citation?
it compels the citee to take specified action, otherwise the court will.
what are the types of citation?
- Citation to accept or refuse a grant
- Citation to take probate
- Citation to propound a Will
when can issue a citation to accept or refuse a grant be issued? when is is used?
Can be issued by someone who would is entitled to GOR if the citee renounced.
Used when a person entitled to take the grant delays or declines to take GOR but will not renounce.
what happens when a person issues a citation to accept or refuse a grant?
The citation calls upon the citee to take the GOR. If the citee doesn’t enter an appearance, their right to take GOR is passed over. The citor could then apply to take GOR.
who can issue a citation to take probate? when would this typically be used?
o Can be issued by anyone with an interest in the estate
o Used where someone has intermeddled but, 6 months after death, has failed to take GOR
explain when a citation to propound a Will would be issued and the steps
o Used when B becomes aware of an existing Will which could adversely affect their interest (i.e. under IR or an earlier Will).
o B can issue a citation that the executors + anyone interested in it propound it
o If the citee(s) does not make an appearance, the citor can apply for an order for GOR as if the Will is invalid
