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Is probate always granted for a will ?

By: דיאנה שאלתיאלPublished on: 12 May, 2022
No ! The Inheritance Registrar or court will only grant probate when it is satisfied that the will is valid – that the testator, the person making it, had the appropriate mental capacity at the time to make a will, and that it represented his/her genuine, last and certain wishes about what should be done with his/her property after his/her death, free of undue influence , trickery or compulsion etc.  Sometimes no opposition is filed and the probate process is straightforward and technical, and in other cases an inheritance battle lasting years can ensure, if opposition is filed, and there are even several competing wills.
A will can be upheld in its entirety, or only some of it held to be valid. It can be held completely invalid i.e. cancelled. Where there are two competing wills that were properly made at the time, the later one will invalidate the earlier one, entirely, or partially, depending on the exact content and wording of each.

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