The Consequences of Dying ‘Intestate’
When someone dies without a Will there can be many problems. The estate might not be distributed as the deceased wished, or an Administrator that they did not wish to take that role could do so anyway, with unpredictable consequences for the deceased.
Challenging a Will Before Probate is Granted
If you believe you have an interest, you can challenge a Will by lodging a caveat with the Registrar of Probates. If you plan on doing so, it is in your interest to obtain professional legal advice to guide you through the process.
Is it Possible to Challenge a Will After Probate Has Been Granted?
A Probate which has been granted can be challenged by filing a summons in the proceeding in which it was granted. However, onus lies with the challengers, they must be able to show ground for revocation of the grant and give an explanation for their failure to challenge before the Probate was granted.