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What is a caveat?
The caveat procedure is used to prevent a Grant of Probate
or of Letters of Administration being taken out in respect
of a deceased's estate. The person who puts the caveat in
place is called the caveator. The caveat itself can be submitted
by using a form PR30 or a letter (provided it includes the
necessary information) which is lodged at the probate registry.
There are only very limited forms of grant that can be taken
out once a caveat has been entered.
Why would you want to lodge a caveat?
There are a number of reasons why a person [or their solicitor]
would seek to lodge a caveat. These include:
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Where the caveator wants to
prevent the Grant of Probate being taken out as they believe
the Will of the deceased is invalid for some reason, such
as the person who made the Will did not have the mental
capacity to do so, or the Will was not properly witnessed;
or |
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Where the caveator wants to prevent a Grant
of Letters of Administration being taken out on the basis
that the deceased died intestate, when they believe there
was a validly executed Will in existence; or |
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Where the caveator is aware of or involved
in a dispute about who is entitled, or is the appropriate
party, to take out the Grant of Letters of Administration. |
When is a caveat not appropriate?
It is not appropriate to lodge a caveat where the caveator
wishes to bring a claim under the Inheritance (Provision for
Family and Dependants) Act 1975. This is because a claim under
this Act can only be brought once the Grant of representation
has been obtained. For further information about claims under
the Inheritance (Provision for Family and Dependants) Act
1975, please click here.
What is the procedure for issuing a caveat?
A caveat can be lodged at any probate registry; this does
not need to be at the probate registry local to the deceased.
The probate registry will need:
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The deceased's name, date of death and address |
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Name and address of the caveator |
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The request for the caveat to be signed
by the caveator or their solicitor |
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A fee of £15 |
The caveat is then valid for six months. It can be renewed
at the end of this period on payment of a further fee.
How will the caveat be discovered?
The caveat is not served on any party but is entered on a
computerised register. Any party with an interest in the estate
will discover the existence of the caveat when they seek to
apply for a Grant or by being directly informed of its existence
by the caveator or their solicitor.
How can the caveat be removed?
The caveator can remove the caveat at any time by writing
to the Probate Registry, unless an "appearance"
has been entered. In such circumstances, only the Registrar
can order the caveat be removed. An appearance is a step taken
by a caveator when a person discovering the caveat seeks to
"warn" the caveat because either he/she has an interest
in the estate under a different Will or on intestacy, or because
they believe they are entitled to take the Grant. In asking
the caveator to enter an appearance, the Probate Registry
requires the caveator to set out formally what interest he/she
has in the estate. Alternatively the caveator can issue and
serve a summons for directions on the parties to seek directions
on how matters should be dealt with before a District Judge
or the Probate Registrar. If the caveator takes neither of
these steps within 8 days of being served with a warning by
the Probate Registry, the caveat will cease to have effect.
If no agreement is reached between the interested parties,
it is likely that some form of contested probate claim will
follow.
This note is intended to provide general information and
is not intended to be comprehensive nor to provide specific
legal advice and should not be acted or relied upon as doing
so. For further information, please contact any member of
the Trusts & Fiduciary Disputes Team.
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