How To Enter a Caveat and Stop Probate
If you are unhappy with someone’s will, have been refused sight of a will, or are thinking of contesting a will, then time is of the essence, and it is important for probate to be stooped, whilst investigations are undertaken regarding a will.
You can stop a grant of probate being issued by the use of what is known as caveat, and is often used when :-
- You want time to investigate the deceased’s will
- You believe that the Executor or Administrator is not suitable
- You want to contest the will
- You consider that there maybe a later will
- There is a dispute as to who can apply
Can I Enter A Caveat ?
There are a few important aspects to entering a caveat, these include the following :-
- You must have an address in the UK – alternatively a Solicitor can apply for the caveat if you live outside the UK
- You must have or allege to have an interest in the estate of the deceased eg. blood relative, beneficiary under a will
- There must be a dispute
How Is a caveat entered ?
Leeds probate registry handle all caveats.
Entering a caveat is straightforward and costs £20. You must state your full name, address and postcode, together with the full name of the deceased and the date of death.
It is always crucial to ensure the deceased’s name is correct ( as per the death certificate ) if there are errors the caveat will simply be invalid.
How Long Does a Caveat Last For ?
Once issued a caveat will last for 6 months, however is can be renewed every 6 months, so making sure you have correctly entered the date on the Probate Registry letter is important.
Can you provide advise on a Caveat ?
Yes. We are specialist probate solicitors who have years of experience in helping clients with Caveats and Probate – call us on 01482 429985.
What happens after a caveat is issued ?
What is important to appreciate is that a Caveat, only stops probate from being issued, nothing else. Therefore, the executor can still continue to administer an estate, however as it stops probate from being issued, key tasks of administering the estate eg. sale of a property, collection of cash assets, can all be stopped.
The caveat is not sent to anyone other than the person who has applied for the caveat.
The person applying for probate will be advised when the application for probate is probate.
Removal of a caveat
If you are the executor of a will, and have found out that probate cannot be issued because of the issue of a caveat how can it be removed ?
The starting is to ask the person who has entered the caveat to remove it, if this request is refused you can issue what is known as a Warning to the caveat.
The warning is a legal document which once sent to the person entering the caveat, provides that unless reasons for the Caveat are given in 14 days ( in the form of a Appearance ) the Caveat can be removed
Replying to a Warning to a Caveat
If an appearance is filed then the caveat then becomes permanent unless the parties resolve their differences or alternatively the Court orders the removal of the caveat.
Need help with the issue of caveat, issuing a warning or an appearance call us now on 0845 269 3571 or complete our online enquiry form.