Areas of Law / Wills and Probate

Where a will is invalid because it has not been drawn up correctly, is the estate distributed among next of kin, or is the Crown involved?

If the will is deemed invalid because of procedural irregularities it must be administered as an “intestate” estate i.e. as though there was no will in existence. This may mean that the executors appointed by the invalid will have to step down, and the estate will be administered by personal representatives– next of kin –as determined by the intestacy rules. The estate will also be distributed according to the same rules. The first duty of an executor (following the funeral) will be to check that the will is valid. A challenge can be made by registering a “caveat” at the Probate Registry. The Crown will not be involved where the deceased had relatives.

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