Even in circumstances where the deceased leaves a Will, it is sometimes the case that the contents of such Will are unclear. If the Will contains something like a clerical error, then an application for ‘rectification’ may be required. If the problem is more complicated than that, an application to the Court for ‘construction’ of a Will may be required.
The Personal Representative is duty bound to administer the estate pursuant to the Will and if they don’t, the administrator can be found personally liable. Sound legal advice in such circumstances is required.