An interested party has the right to force the executor to start moving forward on winding up the estate
There are some situations where an Executor may purposefully delay applying for probate. The reasons may range from lack of effort, insufficient funds to start the process, lack of knowledge and/or tactical advantage. An interested party has the right to force the executor to start moving forward on winding up the estate.
Under Rule 25-11 of the Supreme Court Civil Rules, a person with an interest in the estate may serve on each person named as an Executor in the Will a Citation in Form P32. This Citation must be in regard to the testamentary document, which requires the served person to apply for a grant of probate in relation to the Will.
The person serving the Citation is called the “citor”. A Citation must include the following:
- An address for service of the citor; and
- A statement of the citor providing:
- The grounds for the citor’s knowledge of or belief as to the existence of the Will, and
- Information available to the citor that will allow the Will to be identified.
After a Citation is served, the person who is cited must, within 14 days after being served, do the following:
- If the cited person has been issued a grant of probate in relation to the Will, serve on the citor a copy of the estate grant;
- If the cited person has not been issued a grant of probate in relation to the will, deliver documents to the citor confirming they intend to pursue a grant of probate along with their notice of application;
- If the cited person has not taken any steps to further the process of administering the estate under this part of the Supreme Court Civil Rules, he/she must serve on the citor, an answer in Form P33 providing an address for service that is accessible and stating that the cited person:
- Will apply for a grant of probate in respect of the Will; or
- Refuses to apply for a grant of probate in respect of the Will.
If the person cited does not provide a response within 14 days after being served with the Citation, the cited person is deemed to have renounced executorship in relation to the Will.
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