As we have seen in our previous article that a caveator can contest a grant of Probate or Letters of Administration if he/she shows caveat able interest in the estate of the Deceased. There are few grounds upon which the grant may be opposed.

In case of Wills:

  • that the will has not duly executed
  • that the deceased was not of sound mind, memory and understanding at the time of execution
  • that the execution of the will was obtained by undue influence
  • that the execution of the will was obtained by fraud
  • that the deceased did not know and approved of the contents of the will
  • that the instrument was not intended to operate as a will, or that it has been revoked.

In case of intestacy:

  • Applicant is not the right person entitled to the grant
  • Intestate has left no property of which grant could be made
  • Intestate neither resided nor left property within the court’s jurisdiction
  • Estate has been fully administered and the grant will be nugatory which means of no value or importance.