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crazygirly | 19:36 Mon 16th Feb 2009 | Law
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My dad was made executer of my grans will. he is alive and well but now we have learnt my aunty has now been made executer of grans will. Is this legal?
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If your gran left a valid will, only the person(s) named as executor(s) in that will can be granted probate.

However if she died without a valid will there's a 'pecking order' of people who can apply for a grant a letters of administration. Any of her children could apply for the grant, with none of them having priority over their siblings.

If you're sure that your gran left a valid will (and that the will definitely named your father as executor of her estate) your father should contact the probate registry to query the grant of probate. You can find the relevant contact details here:
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/registries.htm

Chris
A few questions I'm afraid just to clarify things:
- Has your gran died?
- Was your dad sole executor?
- Was the will naming our dad still valid?
- Or had it been superseded by a later valid will naming your aunt as executor
- Who decided that your aunt would become executor?

Thanks.
Another question. Did your father formally relinquish his right to be executor? If he did not, was he removed by Court order for failing to carry out the duties of executor?

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