After a death, it is the job of the estate’s executors or administrators to apply to the Probate Registry for a Grant of Probate or a Grant of Letters of Administration. If someone wants to stop this process because they have concerns about some aspect of the winding-up process, they can enter a caveat.
Summary
- What are Caveats?
- Why Enter a Caveat?
- How to Enter a Caveat
- Removing a Caveat From an Estate
- Contact Our Wills and Probate Solicitors
What are Caveats?
A caveat is a formal legal request to the Probate Registry to halt the processing of a grant application. Without a grant, the executor or administrator will not be able to carry out the estate administration.
Below, we look at when a caveat might be appropriate and what an estate’s personal representatives can do if a caveat is entered against the estate they are administering.
Why Enter a Caveat?
If you have concerns about the validity of someone’s Will, then entering a caveat at the Probate Registry will stop the Will from being proved and halt the estate administration. This will allow you time to carry out investigations, speak to a Wills and probate solicitor and secure the information you need to take further action.
A caveat can also be used if there is a dispute over who is entitled to deal with the estate administration or if there are concerns over the fitness of someone who wishes to be appointed as an executor or administrator.
Other situations in which a caveat may be appropriate include where there are concerns over fraud or undue influence in the making of a Will, where there is a risk that the estate could be disposed of unlawfully, where the executor has refused to share the contents of a Will or where the person who made the Will did not have the mental capacity to do so.
How to Enter a Caveat
It is relatively straightforward to enter a caveat, but you are advised to speak to a probate expert before you do so, as there may be cost implications once you start the process.
A caveat is obtained by applying to the Probate Registry either online or by filling in and sending form PA8A. There is a fee of £3.
You will need to provide the following information:
- The full name of the deceased
- Their date of death
- Their last known address
If the Probate Registry agrees to enter the caveat, it will last for six months. During this time, a grant will not be issued and the estate’s personal representatives, either executors or administrators, will not be able to deal with the winding-up of the deceased’s affairs.
If the issues have not been resolved at the end of six months, then the Probate Registry can be asked to renew the caveat for a further six months. This can be done as often as necessary. The renewal application needs to be received by the Probate Registry in the month before the caveat is due to expire.
The caveat will automatically expire after six months if it is not renewed and the Probate Registry will then process any grant application it has received.
What To Do If You are Administering an Estate and a Caveat is Entered?
If you have applied to the Probate Registry for a Grant of Probate or, if the deceased did not leave a Will, a Grant of Letters of Administration, you will be told if a caveat has been entered.
If you urgently need to be able to deal with something relating to the estate, for example, to protect the deceased’s assets in some way or to stop large bills such as interest payments from accruing, it may be possible to obtain a limited grant.
This could allow you to take some actions, but you would not be able to distribute the estate to the beneficiaries while the caveat is in place. If you are in this situation, we can advise you of the options open to you and, where possible, apply for a limited grant.
Removing a Caveat From an Estate
If you are administering an estate and you do not believe that there is any valid reason for there to be a caveat preventing a grant from being issued, you can give a formal warning to the individual who entered the caveat.
They will then have 14 days in which to respond with the reasons why the caveat should remain. This is known as entering an appearance. Once an appearance has been entered, the caveat can only be removed if both parties agree to this or if the court makes an order to remove it.
The Cost Implications of Entering or Warning Off a Caveat
It is crucial to make sure that you have valid grounds for entering a caveat or for warning off a caveat. If you do not, then there is a risk that the courts will require you to pay the other side’s legal costs, which could be substantial.
If you need to take action, either putting a caveat in place or warning off a caveat, you are strongly advised to take legal advice before doing so. Our contentious probate team can discuss your case with you and advise you of the best course of action.
For some claims, such as an Inheritance Act claim, a caveat may not be the right option. We can talk through your situation and identify what you want to achieve and the best way of securing the right outcome.
For information regarding our services, see our Disputes page.
Contact Our Wills and Probate Solicitors
Our contentious probate experts have many years of experience in dealing with the difficulties that can arise after someone’s death. You will find our team to be sensitive and understanding and we will take robust action to protect your interests and ensure that the deceased’s affairs are dealt with in the correct way.
If you'd like to consult with one of our solicitors specialising in wills and probate, please reach out to us by emailing us at info@witansolicitors.co.uk, or submitting our contact form. We'll engage in a conversation about your situation and explore the ways in which we can be of assistance. Our offices are conveniently located in Birmingham, Northampton, London, and Wellingborough.
