Revocation and Impounding of Grants

• Author: Karen Nunez-Tesheira
• Pages: 431-436

Revocation and Impounding of Grants / 431

REVOCATION OF GRANTS1

A grant of probate and administration (with or without will annexed) may

be revoked by the court:

a) by an order made by a judge in open court;

b) in an action for revocation of a grant;

and with respect to non-contentious probate business,

c) on the application or with the consent of the grantee2unless the

grant is clearly one to which the grantee is not entitled.

With respect to (c) a grant may be revoked for a variety of reasons which

may be conveniently classified as follows:

(i) When the original grant contains a substantial error such as

an incorrect statement (as opposed to a misspelling) of the

deceased’s surname.

(ii) When the grant has been made to a person who had no rights

and title thereto. This may arise as a result of a false statement

made by such person either fraudulently, by mistake or

through ignorance of the real facts. Examples of this include

the discovery of a will after administration has been granted,

discovery of a later will after probate of an earlier will has

been granted, or the issuing of a grant of probate where the

testator is in fact still alive.

(iii) When the grant has ceased to be operative because of a material

change in circumstances after its issue such as the

disappearance, infirmity or incapacity of the original grantee.

Death of Grantee(s)

Where the death of the grantee occurs prior to the sealing of the grant, the

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Revocation and

Impounding of Grants