When there is a dispute about a will, it is commonplace for a caveat to be registered against the deceased’s estate.
In this blog we discuss what a caveat is and when it is appropriate to register a caveat.
What is a caveat?
A caveat is a written notice which is registered against a recently deceased person’s estate. The notice is lodged with the Probate Registry using a special form. A fee of £20 is payable. Once registered, the caveat prevents the Probate Registry from issuing a Grant of Probate or Letters of Administration to anyone applying for these documents. Because a Grant of Probate or Letters of Administration is a legal document entitling the Executors or Administrators to administer the deceased’s estate, the lodging of a caveat prevents the collection, sale and distribution of the estate from happening.
When should a caveat be registered?
A caveat is a really useful tool which can be used whenever there is a dispute about:
- Locating the deceased’s last will, if there is a belief that the deceased made a new will before his/her death.
- Whether a will is valid or not, for example if there are concerns about whether the deceased had the mental capacity to execute the will at the time or if there are concerns the will has not been properly witnessed or executed.
- If there is a dispute about who should act as an Administrator of the estate, where the deceased did not leave a will and a number of relatives could take on the role of Adminstrator.
The purpose of the caveat therefore is to create time and breathing space for parties to consider their legal positions, make relevant enquiries and attempt to resolve the dispute before someone has already obtained a Grant of Probate and Letters of Administration for the estate. Whilst it is still possible to challenge the validity of a will or a person’s appointment as an Administrator after a Grant of Probate or Letters of Administration have been issued, this will involve an expensive court process which can be avoided by simply lodging a caveat against the estate.
Who can enter a caveat?
Caveats should only be entered by people who have an interest in the deceased’s estate. Caveats are usually entered by close relatives of a deceased who are beneficiaries of a will or would inherit from the estate under the intestacy rules.
When should you not enter a caveat?
You should not enter a caveat if you do not have an interest in the deceased’s estate.
You should also not enter a caveat if you are only wanting to make a claim for financial provisions from an estate under the Inheritance Act (Provision for Family & Dependants) Act 1975. This is because your claim is against the estate itself; it matters not which will is proven by the Probate Registry or who the Administrators of the estate are. You should only enter a caveat is you are also disputing the validity of the will or the is a dispute about who should be the Administrator of the estate.
What happens next?
Once a caveat is lodged it will remain in place for 6 months. Caveats can be renewed multiple times if the dispute has not been resolved during the initial 6 months period.
If you resolve the dispute or decide not to pursue your claim/dispute you may withdraw the caveat. The Probate Registry will then cancel the caveat which will then enable an application for a Grant of probate or Letters of Administration to be lodged and processed.
If the dispute cannot be resolved, either party can apply to the court for a Probate Claim for the court to resolve the dispute. Someone who wishes to proceed with administrating the estate but cannot do so because of the caveat can apply to the Probate Registry to enter a warning against the caveat if they believe the caveat has been registered without sufficient legal merit.
Entering a caveat can be a complex issue. For further assistance about this topic please contact Jordans Solicitors.
Get in touch with our specialist team
Jordans Solicitors’ Lost Inheritance Claims’ team are here to help with your potential claim. Just contact them at any one of our five branches in Dewsbury, Horsforth, Penistone, Selby and Wakefield, on 033 0300 1103, and they will help guide you further.
