Stopping a Grant of Probate

Zincmetal

Is there a process for stopping a Grant of Probate once same has issued?

Assume that any such process is within time limits.

What is this process called (e.g. Probate Action?/other?)

I'm aware that a caveat can stop the issue of a grant but, as far as I am aware, it is of no use once grant has issued.

Peregrinus

The policy behind the legislation is to ensure, so far as possible, that estates are administered, not to provide ways of stopping the administration of the estate.

The court does have power to revoke a grant of probate (Succession Act 1965 s. 26(2)) and I think any interested party could apply to court for a revocation. But if that were done in isolation the upshot would be that nobody would be in a position to adminster the estate, and the courts would be very, very reluctant to see that happen.

So I think if you have an objection to the executor administering the estate, you'd need to ask yourself "well, who should administer it?", and then bring an application seeking to have that person appointed as administrator. If that application was successful then, as an ancillary order the court would probably revoke the grant of probate but, strictly speaking, that's not necessary; an executor cannot act while there is an administrator (Succession Act 1965 s. 21).

Zincmetal

Thanks.

Maybe I should be more precise:

A Grant of Probate issues.

A copy of the will is then obtained.

Upon inspection of will, it is decided that the grant/will is to be challenged; perhaps on invalidity of will or on suspicion of coercion etc.

So, what process is used to initiate such a challenge?

Does this process immediately stop the executors from giving assets to beneficiaries and/or stop beneficiaries from disposing of such assets; at least until the matter is heard/sorted out?

I assume a caveat can only be used to pause matters BEFORE a grant issues.

Peregrinus

You apply to court to revoke the grant.

Bringing the application doesn't in itself automatically terminate or suspend the executors' powers, but at the same time as serving notice of the application on the executors you will give them a letter asking to undertake not to distribute the assets of the estate (or to further distribute the assets, if they have already distributed some of them) pending the resolution of the proceedings. You say that, if they do distribute assets, you will look for a court order making them liable to the estate for any loss that results and, if they don't give the undertaking sought, you're going to bring an interim application to the court seeking an order restraining the distribution of the assets until the proceedings are resolved.

Zincmetal

Thank you.

What is the position if all assets of an estate were recently distributed?

In such a scenario, is there any point seeking a revocation of the grant?

If proceedings were resolved to the benefit of the person seeking revocation (i.e. he/she is deemed to be sole beneficiary) can the existing beneficiaries be forced to repay that which they inherited?

I assume that one applies to the court per motion in a grounding affidavit

Claw Hammer

https://www.boards.ie/discussion/comment/122872278#Comment_122872278

If assets are distributed, the situation is complicated. It may be possible to sue the executor of the persons who received the assets. It will depend entirely on the facts. If there was fraud or collusion by the executor or the beneficiaries in suppressing a will of concealing assets or undue influence nit would be easier than a situation where a claimant established some other grounds for challenging the will.

Zincmetal

Thanks.

If an application were brought and was successful, how long -- typically -- would it be before a Court could hear the matter in full in order to resolve proceedings?

Is it of the magnitude of weeks, months or years?

Peregrinus

https://www.boards.ie/discussion/comment/122894874#Comment_122894874

There's no one-size-fits-all answer. As with many other court proceedings, it's going to depend on how aggressively any of the parties want to pursue the matter and drive it forward; how strongly any of the parties want to delay the matter and fight a rearguard action; how complex the issues are and — not least —how many different parties there are.

But in most cases you are talking months or years, not weeks.