Probate interview points

Question 1

If there is a will

Answer 1

1. Validity
   - intention
   - capacity
   - execution
2. Revoked?
   - married
   - new will/codicil
   - missing on death

Question 2

What to consider about potential beneficiary?

Answer 2

1. Where they/spouse a witness
2. No name then
   - is it clear wording
   - interpreted from date of execution
3. Are they unknown/missing]
   - methods to protect PRs

Question 3

What if someone has died

Answer 3

1. Simultaneous death
   - younger survives older
2. Is there survivorship clause
   - did they survive long enough
3. Spouse in intestacy
   - must survive 28 days
4. Does gift fail
   - issue with own issue
   - jointly held property
   - gift over