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What is a probate caveat?
A caveat is a formal notice that is filed with the Probate Registry. It is used to prevent a grant of probate being obtained and can often indicate the start of a will dispute claim. This means that the estate cannot be administered until the caveat is removed or lapses by time, which is 6 months from the date it is placed, unless the caveat is extended.
There are a number of reasons why a caveat may be placed on the deceased’s estate, such as:
- Concerns regarding the validity of the testator’s Will, such as concerns about testamentary capacity or undue influence;
- Concerns about whether a Will even exists; and
- Concerns that a person has not seen the testator’s Will when they should have.
The caveat process is sometimes abused and caveats are only placed as a time delaying tactic, especially where a person simply believes that it is unfair that they are not to receive anything from a family member’s estate.
How do I remove a caveat?
The first stage in having a caveat removed is “warning off” the caveat. The executors, or beneficiaries, must complete a warning form and file this at the probate registry. A copy of this warning (once sealed) is served on the person who placed the caveat (the “Caveator”).
Once the caveat has been warned off, the Caveator will need to enter an appearance in order to keep the caveat in place. This appearance must set out the Caveator’s interest in the estate and why the caveat should be in place. The Caveator must do this within 14 days.
If an appearance is entered by the Caveator, then the caveat is permanent. It can then only be removed by both parties (the Caveator and the executor(s)) agreeing to its removal. The alternative is issuing court proceedings, because the court has the power to remove a caveat.
However, if the Caveator does not make an appearance within 14 days, then the caveat is removed. The executor(s) can then apply for grant of probate and the estate can be administered.
If you would like information about disputing a will, probate disputes or inheritance disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.
We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.
We also have a team of probate lawyers who can assist if you wish to review you current will or to make a will for the first time.
We offer an initial no obligation telephone consultation for contentious probate disputes and we can sometimes act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.