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Workings of Probate Court and Issue of Double Probate

  • 22-11-2022 4:58pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    I wonder can you help me with the following:

    I am a beneficiary to my mother's estate. There are two executors. There was a will made and a few years later a home made Codicil. The Codicil was drawn up by Executor A without the knowledge of Executor B at the time. Executor B and myself are on good terms. Now Executor A has reserved the rights of Executor B and has looked for the grant of probate.

    The probate officer has rejected the grant of probate as there is a doubt as to the validity of the Codicil. He/She has referred the matter to the probate court. The solicitor for the estate, who also acts for Executor A, has hired a barrister to draw up papers and submit them to the court.

    What are these papers? How does the Probate court work? Is it done remotely? Has Executor B any input in this process, as his rights have been reserved?

    Also:

    Is Executor B entitled to see the case file from the solicitor acting for the estate even though his rights have been reserved.

    Also should Executor B submit his own probate application as we think the application by Executor A might have not be totally correct.

    Thank You



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