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• Wills

WHAT WILL HAPPEN IF MY WILL IS LOST AFTER MY DEATH ?

Under Section 25 of the Probate or Administration Act 1959, where a will has been lost or mislaid after your death, or where a will cannot for any sufficient reason be produced

• if a copy of the draft is produced and it appears that the copy of draft is identical in terms with the original, probate may be granted of the copy of draft, limited until the original is admitted to probate and
• if no copy or draft is produced, probate may be granted of the contents of the will, if they can be sufficiently established, limited as above described, unless the will is a privileged will not in writing.

Additionally, under Section 26 of the Act, where a will has been destroyed, otherwise than by the act or with the consent of the testator, probate may be granted of a copy or draft, or of the contents, if they can be sufficiently established.

IF I HAVE THE LEGAL RIGHT IN AN ESTATE BUT WOULD LIKE TO AVOID REPRESENTATION BEING GRANTED WITHOUT NOTICE TO ME, WHAT SHOULD BE DONE ?

If you have the legal right in an estate or any person claiming to have the legal right in an estate may at any time after the death of a deceased person but before representation is granted to the estate, enter a general caveat in the prescribed form.

After a general caveat is entered, no representation shall be granted without notice to you and after entry of any such caveat no representation shall be made until you have been given opportunity to contest the right of any petitioner to representation.

WHAT HAPPENS IF THERE IS A DELAY IN APPLYING FOR A PROBATE ?

If after the expiration of 6 months from the death of a deceased person, no application for probate or letters of administration has been made to the estate, letter of administration with or without the will annexed may be granted to the trust corporation or any person as the Court thinks fit.

Under Section 81 of the Probate and Administration Act 1959, letter of administration with or without will annexed may also be granted to trust corporation or any person the Court thinks fit under the following circumstances :

• where application for probate has been made within 6 month from the death of a deceased person, has not within the period been proceeded with or has been withdrawn or refused
• where a receiver has been appointed but appears that the appointment would not be a sufficient protection for the estate or
• where, after the death of a last surviving executor or administrator of a deceased person's estate, 6 months have elapsed and no application for the representation of the estate has been made.