What is a Caveat?
- A caveat allows a person to stop a grant of probate from being issued, if they are unhappy with certain aspects of the proceedings.
- You can enter a caveat if the probate outcome does not align with the deceased person’s wishes. For example, suppose you feel your relatives have not handled things fairly, or they could be using an invalid will, or you’re not even allowed to view the will yourself.
- If, for whatever reason, you are not satisfied with the potential outcome, you can apply to enter a caveat. This will be done using a form on the government website.
Should I seek legal advice before entering a caveat?
- Yes, this will simplify the process and save both parties a lot of time. Understanding where you stand legally is best, as your caveat can be challenged further down the line.
- Whilst it isn’t ideal to be challenged, your dispute can still be resolved; however, getting legal advice initially could save the case from going to court and becoming more costly.
Is it difficult to enter a caveat?
- No. A caveat is a quick, simple form. This form can be completed on the government website or sent physically in the post.
- The process can be lengthy and last up to six months; however, during this time, another relative can challenge your caveat.
- Reasons for this could include the disputer feeling like you don’t have the evidence to carry out the caveat in the first place or if there isn’t enough validity to your claim.
- However, you can continue to enter caveats despite the dispute until you are fully satisfied with the outcome.
How long will it take to remove a caveat?
- To have a caveat removed, ultimately, both parties need to agree.
- Whilst the party that initiated the caveat (known here as the caveator) has reason to dispute the probate, the disputed party will only be made aware of the caveat once they try to finalise the probate.
- Once made aware, they can submit a ‘warning’ which challenges the caveator’s claims for dispute. After receiving the warning, the caveator must inform the court of this within 14 days of receiving it.
- Without altering the court, the probate grant will be issued as initially planned; however, if alerted to the court, the caveat can stay in place until both parties are satisfied.
- It can take some back and forth, but once both parties are happy, the caveat will be removed.
- We have created a tool that can help you understand the legal issues around these disputes and give you an instant answer to whether anything can be done to resolve your situation.