If you plan to challenge a Will, then registering a Caveat to prevent probate from being granted could be your first step. Our contentious probate solicitors are here to guide you through the process.
What is a Caveat?
The death of a loved one is a stressful and emotional time for all involved and even more so if a Will dispute arises.
A Caveat can be entered at the Probate Registry to temporarily prevent a Grant of Probate or Letters of Administration. This effectively means that the executor of the Will cannot move forward with administering the deceased’s estate until the dispute has been resolved. Caveats only remain in place for six months, however, they can be renewed.
To enter a Caveat, you will need to complete an application form for the Probate Registry. This application can be complex for the inexperienced, so it is a good idea to seek expert advice; our team of solicitors are able to ensure that the form is completed and submitted accurately. Contact us today on 0800 2800 421.
Can I register a Caveat?
A Caveat can be issued in the following circumstances:
- The validity of the Will is in question
- The mental capacity of the deceased is in question at the time of writing their Will
- There is a dispute regarding who is entitled to take out the Grant of Letters of Administration
- The executor is refusing to provide a copy of the Will to those entitled to view it
Please note, if you wish to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you should not attempt to register a Caveat. If this is your circumstance, please contact our team for further guidance and legal advice on how best to pursue fair financial provision.
Can a Caveat be removed?
The individual who registered the Caveat, or the caveator, can remove the Caveat at any time. Alternatively, if the executor of the Will feels that the Caveat is unjustified, they can seek to have it removed by lodging a “Warning” with the Probate Registry.
This “Warning” gives the caveator eight days to ‘enter an appearance’. This means that they must detail their interest in the estate and their reason for registering the Caveat in a legal document. It is then up to the caveator and executor to reach a resolution themselves, or through the Court. If the caveator fails to respond in the allotted time frame, then the Caveat will come to an end.
If you require assistance either registering or removing a Caveat, our team of contentious probate solicitors can help you reach a resolution. We have years of experience helping clients resolve their Will dispute in a non-confrontational way, however, we can also support you through the Court process if necessary. Contact us today on 0800 2800 421.