If you want to stop someone from obtaining a Grant of Probate after a death, a caveat can be entered at the Probate Registry. You might want to enter a caveat if you have concerns about the validity of a Will.
We look at the effect that a caveat has and when someone might want to use one.
What Does a Probate Caveat Do?
After someone dies, the executor appointed in their Will usually needs to apply to the Probate Registry for a Grant of Probate, unless the estate is small. The Grant of Probate provides the executor with legal authority to deal with the deceased’s affairs and wind up their estate. This includes collecting assets, selling property and distributing the estate to the beneficiaries named in the Will.
If the deceased did not leave a Will, then one of the individuals entitled to inherit their estate under the Rules of Intestacy can apply for a Grant of Letters of Administration, which will give them similar authority.
A probate caveat is entered at the Probate Registry and temporarily prevents a grant from being issued. This means that it will delay the estate administration, as this cannot take place until the executor or administrator receives the grant.
A caveat must be requested before the grant has been issued as it cannot be used retrospectively.
Who Can Use a Probate Caveat?
A probate caveat can be used if you reasonably believe that the Will is invalid or fraudulent or that the deceased was unduly influenced into signing it. It can also be used if there is believed to be another, more recent, valid Will or if there is no Will and there is a dispute over who is entitled to inherit the estate.
In addition, a caveat can be used if someone has concerns about the executor’s ability to administer the estate or there is a disagreement over who can apply for probate.
A probate caveat is not suitable if you wish to make an Inheritance Act claim for reasonable financial support from the estate.
It is important to make sure that a caveat is the correct option as it is likely to substantially delay the estate administration. There is also a risk that you could be liable for the other side’s costs if legal action is commenced and you are not successful. For this reason, you are strongly recommended to speak to an expert contentious probate solicitor before issuing a caveat.
How Do I Get a Probate Caveat?
An application for a caveat can be made online or by filling in form PA8A ‘Application to enter a caveat on a grant of representation’. You will need to supply your details as well as those of the deceased and pay the fee of £3. The application cannot be made jointly with anyone else.
Can an Executor Object to a Caveat?
Executors can issue a ‘warning’, which is effectively an objection to the caveat. Once the person who has entered the caveat has notice of the warning, they need to take action.
They can enter an appearance, which means that they set out in writing the details of their objection. This should be provided within 14 days of the warning being served.
Alternatively, the caveat can be withdrawn, which will allow the application for a grant to go ahead.
The person who entered the caveat can ask for a summons for directions. This means that a district judge or registrar will consider the caveat and make directions in respect of the estate administration, for example, whether the caveat should be removed and who can apply for a grant.
If there is no response to the warning, then the caveat will generally be ‘warned off’ or removed.
How Long Does a Probate Caveat Last?
A caveat lasts for six months but can be renewed repeatedly if necessary.
Can an Estate be Administered After a Probate Caveat has been Entered?
A caveat can be used to give those involved time to negotiate and try to resolve any dispute. It can be removed at the request of the person who applied for it unless it has been objected to.
Once it has been objected to by the issuing of a warning and an appearance has been entered in response, it can only be removed if both parties consent or if the court makes an order.
For information about our services, see our Will dispute solicitors page.
Contact Our Expert Contentious Probate Solicitors
If you are involved in a Wills dispute or you have questions over the validity of a Will and you are considering the option of entering a caveat, we will be happy to advise you.
If you would like to speak to one of our expert contentious probate lawyers, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss how we can help. We have offices in Birmingham, Northampton and London.
