Caveats - Frequently Asked Questions

Trainee inheritance disputes solicitor, Fiona Cursons, takes a look at frequently asked questions when applying for Caveats at the Probate Registry.

When a loved one passes away, we understand that it is a very stressful time. Whilst you may not want to think about their Will or applying for a Grant of Probate, it is important to consider them both carefully.

If you have any concerns over the validity of their Will, or any potential inheritance disputes, you should contact Holmes & Hills Solicitors as soon as possible to arrange an initial fixed fee meeting.

If a Grant of Probate is yet to be issued, the first thing we will advise to do is to enter a Caveat.

What is a Grant of Probate?

When someone dies with a Will, an executor of that Will must apply to the probate registry for a Grant of Probate. This gives the executor the power to deal with the Deceased’s estate in accordance with the provisions of the Will.

What is a Caveat?

A Caveat is a notice to the Probate Registry which alerts them not to issue the Grant of Probate.

This will protect your position whilst you seek legal advice and will allow you to make enquiries as to any concerns you have over the Will including gathering any evidence.

When should a Caveat be entered?

A Caveat can be entered if you believe the Will to be invalid, or if you believe there may have been undue influence in relation to its creation or execution, it can also be entered in circumstances where you believe the Deceased executed a more recent Will.

How long will it last?

The Caveat will last 6 months and can be renewed in the one-month period prior to its expiry. It can then be renewed every 6 months.

Can a Caveat be Challenged?

Any person who has an interest in the estate and disagrees with the Caveat can challenge the person who entered it by issuing a warning to them. They would use Form 4 as in schedule 1 of the Non-Contentious Procedure Rules 1987.

In the prescribed form above, the person who issues the warning will state what their interest in the estate is and give the person who entered the Caveat 14 days to respond. They will need to either:

• Enter an appearance, which means responding to the warning stating their own interest which conflicts with the person who issues the warning.
• Issue and serve a summons for Court directions.
• Withdraw the Caveat.
• Do nothing.

If you have received notice of a Caveat and would like to challenge it, then get in touch and we can assist you.

What Happens if I Issue Proceedings?

If you commence a claim against an estate, the caveat will not need to be renewed. The Probate Registry will not issue a grant whilst there is a valid claim in the Court System.