What is a probate caveat?
21 March 2024
Estate matters are inherently sensitive, and when disputes arise, the intricacies of probate proceedings can become even more complex. Enter the probate caveat—a term that often acts as a catalyst for disagreements surrounding wills, estates and inheritances. In this blog, we aim to untangle the threads of confusion surrounding probate caveats, shedding light on how they contribute to and impact dispute resolution in the realm of estates.
What is a probate caveat?
A probate caveat prevents a Grant of Probate or Grant of Letters of Administration from being issued. This is as long as they are entered before an application for Grant of Probate has been made. This may be necessary if it is believed that there are likely grounds that a will is not valid. A probate caveat lasts for 6 months from the date it is entered. 1 month before a probate caveat expires, another application can be made to the probate registry to extend it for another 6 months.
When is a probate caveat necessary?
A probate caveat is necessary if there are objections to the validity of a will, which needs investigating. This could be due to a lack of testamentary capacity, a lack of valid execution, undue influence or fraud or forgery. This allows time for information to be collected from the will writers, any of the testators medical records to be obtained or any other steps necessary to consider the validity of the will.
What happens when a probate caveat is entered into?
No one is notified of the probate caveat until the executor of the will applies for a grant. If a grant is needed urgently, to protect assets, then a limited grant can be obtained. A fee will be payable to the probate registry.
How is a probate caveat entered into?
An application needs to be made to the local probate registry. A probate caveat can be applied for by anyone over the age of 18, living in England or Wales.
How to remove a probate caveat?
If you believe that the will is valid after your investigation then you can notify the Probate Registry that you wish for the probate caveat to be removed.
An executor of the estate can apply for a warning to remove the caveat if they think that it should be removed. If you still wish for the caveat to remain then you have a limited time to file with the Probate Registry an ‘Appearance’. If the ‘Appearance’ is accepted by the Probate Registry then the caveat becomes permanent and needs an application to court to be removed.
How can Taylor Bracewell’s Dispute Resolution team assist you with a probate caveat?
If you believe a will is invalid it is essential that you seek legal advice as soon as possible. A solicitor will be able to assist you in collecting information to prove the invalidity of a will and in the mean time they can assist in putting a probate caveat in place.
If you need further advice call our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 272 1884. Alternatively, you can fill out our online enquiry form.
