Executor fights claim against siblings who ignored will

Our client had been appointed as the sole executor and a major beneficiary under her mother’s last will. However, the client’s half siblings, by claiming that there was no will, had obtained a grant from the Probate Registry to administer the estate.

Following a trial on written evidence, an order was made for the will to be admitted to probate without much opposition from the defendants. The Court found it ‘troubling’ that the defendants had sworn the oath and obtained the grant when they were aware of the will. It was thought to be ‘extremely troubling’ that the defendants had not distributed any of the deceased’s estate to our client, nor contacted her as a beneficiary, which she would have been under the default rules that apply in the absence of a will.  An order was made for the defendants to account for any monies distributed from the estate and our client was awarded their full litigation costs.