Beneficiaries Rights

The first step in the Will challenge process is the identification of the Last valid Will of the deceased. Beneficiaries have the right to be informed of their entitlement. The executor named in the Last Will has a duty to inform all beneficiaries of their entitlement and if requested to provide each with a copy of the Will.

If the executor is put on notice that someone is going to challenge the validity of the Will the beneficiaries have the right to be informed that there is going to be a delay in the administration and distribution of the estate until the court makes a determination regarding the validity of the Will and the identification of the Last Valid Will.

There is nothing further the beneficiaries can do except simply wait until the court determination and each have no rights at all to do more unless of course they are actually involved in the Will challenge itself.

When the court finally declares a document to be the Last Valid Will the beneficiaries then have the same rights as if there had never been a challenge. Those rights however are not much at that stage. In fact, until the executor has completed the administration and distribution of the estate beneficiaries have no rights at all to be involved in that process except to makes an application to the court seeking court directions to the administrator or replacement of the administrator.