How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick H. Your Own Question
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
Type Your Australia Law Question Here...
Patrick H. is online now
A new question is answered every 9 seconds

My uncle recently passed away and I have been named one of

This answer was rated:

My uncle recently passed away and I have been named one of the will executors. My sister and I passed the will on to a trustee firm. the person in charge says that because the cause of death was long standing dementia and memory loss of 5 years that that doctor knew there would be trouble validating the will. He made it 6 years ago and it was all pretty straight forward then.
Will the probate people query his capacity and could this be a long drawn out thing, or is the trustee man being unnecessarily alarmist?
Jill Stewart
Hello and thank you for your question.

It is certainly possible that the court (which has to approve probate applications) will want some confirmation that your uncle was in a sound mental state when he made the will.

The likelihood they will query it will be greater if the terms of the will appear somewhat unusual or controversial, and particularly if there are any objections to the granting of probate, by parties who dispute your uncle's mental state.

Unless the court has already requested evidence of your uncle's mental state or some objection has been made regarding the granting of probate, then you probably shouldn't worry too much as there is nothing to be done except to make the application and wait and see. If is certainly possible that the probate grant may go through without any problem.

I trust the above assists your understanding.

please rate my answer so that I can be paid by the website operator for my time.

Please note I am only paid if you rate me with three or more stars/smileys.

Thank you and good luck.

Patrick H. and other Australia Law Specialists are ready to help you

Related Australia Law Questions