Can HMCTS refuse to grant probate?

MidasInReverse

In aa separate discussion posted today I complained about the delay in getting a Grant of Probate.
I am now wondering what happens if HMCTS decide not to grant probate?
There is a will which we and one of the witnesses have had to answer questions about.
If HMCTS think the will or the signing of it are dodgy would they apply the rules of intestacy instead so that the executors can finally distribute the money left to the beneficiaries?

user1977

I don't think it's up to HMCTS to apply anything - if they reject one application, then somebody has to submit a valid one, either with a different Will or on the basis that the deceased died intestate.

lisyloo

MidasInReverse said:

In aa separate discussion posted today I complained about the delay in getting a Grant of Probate.
I am now wondering what happens if HMCTS decide not to grant probate?
There is a will which we and one of the witnesses have had to answer questions about.
If HMCTS think the will or the signing of it are dodgy would they apply the rules of intestacy instead so that the executors can finally distribute the money left to the beneficiaries?

If the will isn’t valid then you’d have to either apply on the grounds of intestate I.e. no will OR they will ask the executors to sign a document.

they questioned the signatures (in caps) of witnesses on my MIL’s will. Witnesses were deceased so my husband had to sign an affa davit type document.
it slowed things down.

MidasInReverse

Our witness has sent replues to the questionnaire but we'd be happy to sign an affidavit if they don't like his replies.
I think it's all a tick box exercise to cover their backs. No-one is going to contest the will or a Grant of Probate as MIL had no no other living relations than my husband and her grandchildren.

Marcon

MidasInReverse said:

Our witness has sent replues to the questionnaire but we'd be happy to sign an affidavit if they don't like his replies.
I think it's all a tick box exercise to cover their backs. No-one is going to contest the will or a Grant of Probate as MIL had no no other living relations than my husband and her grandchildren.

People don't have to be related to the deceased to contest a will.