Revoking Letters of Administration

The discovery of a will after Letters of Administration has been granted is a recognised ground for revocation. Where a will has subsequently been found, the court has the authority to revoke the Letters of Administration.

Revoking of the Letters of Administration can occur through a probate claim being made. This claim involves contentious probate proceedings and is regulated by the Civil Procedure Rules 1998.

When making this claim, all parties entitled to administer the estate under the unrevoked grant must be made parties to the claim.

The court has the authority to prove grants of probate and letters of administration by:

• Judgment in a probate claim for revocation in the Chancery Division or County Court; or
• An order of a District Judge or registrar; or
• A District Judge or registrar on an application to add a personal representative.

If the court finds that a grant should not have been made, it can of its own motion call it in and revoke it if it could successfully be the subject of an application by an interested party.

If a grant has been issued, it can only be declared to have no effect on a claim for revocation. A claim to revoke a will most commonly occurs where it is claimed the will is invalid or the grant of probate was improperly obtained or where a will has been found at a later date.

Save for exceptional circumstances, an application for revocation can only be made by or with the consent of the person to whom the grant was made. Where that grantee is not willing to give consent for the revocation, a probate claim may be required.

When making the claim, the original grant should be lodged with an affidavit or witness statement in support, together with any later will and/or codicil.

In some cases, when it comes to making a claim for revocation, not all of the parties agree and are willing for the revocation to take place. This can make the process last longer and arguments between the parties may take place.

There is no time frame in which the steps to revoke a grant should take place when required however, it would be prudent to start the process as soon as possible to ensure the correct parties are authorised to deal with the Deceased’s estate and their wishes are followed where possible.

The court may however consider the amount of time that has lapsed since the grant of probate and whether there is a compelling reason for revocation.

If you find yourself in a position where a grant has been granted but revocation may be required, you should seek advice on your position and the steps that can be taken without delay.