This past weeks has been like hell for me.
For two days Iwas in so much pain I could not walk, nor could I focus as the pain in my neck was unbearable. Today I am a little functional but have a gigantic headache.
I am trying to draft out an affidavit outlining the chronology and reasons leading up to the granting of an estate grant. Reading over it it screams that due process was violated. Even though WESA does not explicitly say what due process is in an estate matter, it was left by the legislators for the lawyers to know what due process is. The legislatures did not anticipate that the lawyers would not serve documents to gain an advantage to use WESA to exclude disputants from disputing anything. Waiting until the estate grant is issued would cause any dispute to be too difficult exponentially in time, money and paper to revocate an estate that was not honest. I get it if there are 100 beneficiaries most which were willed nominal sums like $100 do not have to be served the P2 as it is an administrative nightmare, but the significant beneficiaries should be served the P2 and also a Notice that the P19 (estate grant) would be issued. I do not think that reasoning is valid now as the administrative burden can be lifted as all the documents can be served by one email with cc to all the interested parties. Due process being a check so any disputes not discussed prior to the P1 or the P2 filing can be dealt with. The way it is now, it is "catch me if you can." Get the estate grant as quickly as possible, and that would in all probability end further disputes of modest estates.
The purpose that the interested parties should be served after an administrator/executor is appointed is to prevent fraud; intentional or unintentioal. It would be easy for interested parties to discover fraud if they knew what was going on. Also it would stop misunderstandings/confusion as it would be detected beforehand. It also nominates the best qualified to be the administrator.
Lack of due process brings distrust to the legal process. If there is no legal process then there is no rule of law. Transparency is critical so there is no surprises and everyone is treated fairly.
