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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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My uncle recently passed away and I have been named one of

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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.

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Thank you and good luck.

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