Fay will discuss with you as an Executor appointed under the provisions of a will as to whether the will of the deceased should be submitted to the Supreme Court to be approved. There are a number of examples of instances when an Executor may refuse to take this step:
- The testator may have made a later will that will supersede all previous wills
- The will may have been revoked by operation of law such as on a marriage that has taken place after the will was made
- The estate may be too small or not consist of real estate so there is no necessity to formally apply to the Supreme Court for a grant of probate
- The will may be rendered void for such reasons as the testator lacked capacity as at the time the will was made or the testator was under duress to sign the will or there has been undue influence exerted over the testator such as domestic violence
Contact Fay
Email or call on 0416 196 541.
Fay will respond to you personally within 24 hours to discuss your enquiry.