4
The Applicant failed to prove that the proceedings leading to the grant of probate to the Respondent were defective in substance. The will was properly propounded, the Respondent complied with legal requirements, and the absence of a certificate of death was sufficiently explained by affidavit. The existence of a prior grant to the Applicant, which was subsequently revoked, does not render the Respondent's grant defective. The application for revocation is without merit and is dismissed.
Source excerpt
- Revocation of probate
- Validity of will
- Defective proceedings
- Executor's appointment
- Affidavit in lieu of death certificate