- A “Grant of Probate” comes from the Supreme Court and is the official acknowledgement that on the available evidence:
- the deceased is in fact deceased
- a will is the last will of the deceased
- the executor is authorised to collect assets from persons holding them on behalf of the deceased.
- Probate is granted by the Supreme Court (although you don't have to go to court unless there is a dispute about the will)
- People paying assets of the deceased to the Executor named in the grant of probate are protected from future claims by other persons even if the probate is overturned by
- Probate can be revoked if the will is proven to be not the last or other defects found in the process (ie. the person is not dead).
- in that case the Executor may have to pay the money back to the estate (even if they have paid it out to other beneficiaries - the Executor would then have a right to take action to recover from such beneficiaries).