When Are Grant of Probate / Letters of Administration Matters Contentious?

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Most Grant of Probate matters are uncontentious, because the Will sets out how the deceased person’s assets are to be distributed.

Most Letters of Administration matters are uncontentious, because the Intestate Succession Act sets out how the deceased person’s assets are to be distributed.

Occasionally, people do contest Grant of Probate / Letters of Administration matters. This usually occurs when the estate is worth a lot of money.

Reasons for contesting a Grant of Probate include a previously undiscovered Will that post-dates the Will that was used to obtain the Grant of Probate. A newer Will will override the validity of an older Will. If the newer Will distributes the deceased person’s estate in a different way, the beneficiaries who stand to get more money under the newer Will are very likely to contest the Grant of Probate obtained under the older, and now invalid, Will.

Categories: Grant of Probate Letters of Administration Wills Probate