Wrong will in probate

[Julianps]

After our dad died the family thought probate would be easy. We competed the necessary paperwork and submitted a will to probate. Probate was granted though, because the asset is a house our mum lived in, dad’s estate has not been distributed. Mum developed dementia and recently went into a home. Sorting through her paperwork we found dad had a later will. This later will has different gifts and different executors. This will was prepared by a solicitor, so there is no dispute within the family that it is valid and the final will. Q: is, what do we do now? (Yes, we could speak to dad’s £olicitor - we’d just like to understand what’ll happen before we do). If the person who applied for probate has to clear it up, who pays court costs and fees? Thanks in advance for pointers on this.

[des8]

The named Executor of the newly discovered Will sends it to the Probate Registry who will administer a new Grant of Probate that supports the Will and will reverse the original Grant.
Relatively simple, and costs met from the estate.

[Julianps]

The named Executor of the newly discovered Will sends it to the Probate Registry who will administer a new Grant of Probate that supports the Will and will reverse the original Grant.
Relatively simple, and costs met from the estate.

it was suggested elsewhere I needed form CH28 => https://www.gov.uk/government/public...ant-of-probate Is this the correct way to proceed? Jules.

[des8]

As you all seem to be in agreement I think this should come under the Non Contentious Probate rules 1987 (sec 41) and the application should be made under CPR 23 on form N244.
The application should set out the details of the first grant, the grounds for revocation (ie that a later will has been discovered) and the right to the new grant.
As an affidavit will be required, you might like to run it past the solicitor you intend to use for swearing the affidavit, before proceeding, to ensure this is correct procedure

The court then orders the revocation on Form ch28