Can a Grant of Probate be revoked

In one word: Yes. In Contentious Probate matters it is sometimes necessary to start an application for the revocation of a Grant of Probate (“a Grant”) because the existing Grant is invalid. As such, one type of Contentious Probate claim is the revocation of a Grant already made.

Why might you want to revoke a Grant?

It is important to realise that once a Grant has been issued the only way to “dispose” of it is to begin an action for revocation. Therefore, if you think a Will is invalid you may need urgently to commence an action for the revocation of a Grant. 

Sometimes a Grant needs to be revoked because a new Will has been discovered which post-dates the Will which has been admitted to Probate. Or, perhaps, Letters of Administration have been issued to the wrong person in an intestate estate; or a Will is found which proves there was no intestacy! 

The examples given above have serious consequences. A Grant should not be in the wrong hands. Action needs to be taken immediately.

Fortunately, the court has the power to revoke Grants by way of order, judgment or through an application by a judge or registrar. This means that there are solutions available, but you are likely to require expert advice.

Get in Touch

If you find yourself in a similar situation or need advice on a Contentious Probate matter, please contact us and we would be happy to help. Barrett & Co have a specialist Contentious Probate department at our office in Reading and we have the experience to assist. We can be contacted on 0118 958 9711.

Further Reading:

What is intestacy?

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