Citation

In some cases, an appointed executor may take too long to get a grant of representation. In those circumstances, a beneficiary may apply for a citation for the executor to take probate. Once cited, an executor has 14 days to apply for a grant of probate. Failing this, an executor’s right to the executorship will cease, and the court will grant administration of the estate to the citor (the person citing the executor) as if you had not been appointed executor without further notice to the executor. This article discusses citations, how to obtain them and how to respond to them.

The Process

The citation process begins with the citor lodging a caveat against probate with the court. The citor can also lodge a Request for Issue of Citation (Form 124) at this time, along with an affidavit in support stating inter alia their intention to file a subpoena.

Once lodged, the citor must then file a request for subpoena and subpoena the original Will to the court.

Once subpoenaed, the citor must file a Form 125 in the court registry. This form is usually accompanied with a copy of the Will The sealed copy of this form must then be personally served on the nominated executor, accompanied by an affidavit of service.

From the date on which the nominated executor has been served, the executor has 14 days to advise the Court of their intention to apply for a grant of probate. Failing this, an executor’s right to the executorship will cease, and the court will grant administration of the estate to the citor as if you had not been appointed executor without further notice to the executor.

What If There Is A Substituted Executor?

If the Will provides for a substituted executor, you must first cite the original executor, then, in the event that they do not answer the citation in the legislated time frame, you must then repeat the citation process on the substituted executor. In these circumstances, you do not need to refile a new caveat and can rely on the same caveat originally filed.

Responding to a Citation

If issued with a subpoena to produce an original Will to the court, you must deliver the original Will to the court address specified in the subpoena.

Once cited, an executor has 14 days to apply for a grant of probate. Armstrong Legal can assist an executor who has been cited with obtaining a grant of probate.

A citation to take probate is a crucial tool for beneficiaries and interested parties to ensure that the estate administration process moves forward when an executor is unresponsive or delayed.

If you wish to cite an executor, or if you are an executor who has been issued with a citation, please reach out to the team at Armstrong Legal for a free initial consultation.

What If I Have Received A Citation?

If you are an executor and have been cited by a residuary beneficiary and you intend on getting a grant of probate, you have 14 days from the date of being served to advise the court, in writing, that you intend to take a grant. If you do not intend on applying for probate, then you do not need to answer the citation.

Following this, if you do not apply for a grant within a ‘reasonable time’, which means approximately 12 weeks, then the party that cited you can make an application to the court for directions or your removal.

There are cases where a citation has been answered where a grant of probate has not been applied for because the executor is waiting on medical evidence to determine the prospective validity of the Will in question. In these circumstances, the Registry has deemed the citation answered.