Filing a Caveat

If you have concerns about a Will or want to make a claim, a caveat can be a first step to stopping the Executor from administering the estate.

What is a Caveat?

A caveat is a notice used to prevent a grant of representation from being issued for a deceased person’s estate. This applies whether there is a valid will (grant of probate) or no valid will (grant of letters of administration).

Why File a Caveat?

You might need to file a caveat if you have real concerns about the validity of a will or disputes over who should apply for the grant. This gives you time to:

• Investigate concerns
• Gather evidence from witnesses
• Request the deceased’s medical records

A caveat initially lasts for 6 months, during which time no grant of representation can be entered. However, it can be extended for successive periods of 6 months. This effectively stops any applications for probate on the estate being granted during that time.

No one is notified that you have filed a caveat but the person who applies for a grant will be notified of the caveat when they apply for a grant. They can invite you to withdraw the caveat and if you do not do so they can issue a formal ‘warning’.  You will have 14 days to respond to the warning.  If you fail to respond, the person who served the warning can apply for the caveat to be removed.

Alternatively, you have the option to respond to the warning by entering an ‘appearance’ or issuing a ‘summons’.

Enter an Appearance:

• Use this if you believe the Will is invalid and you have a contrary interest under a previous Will or intestacy rules.
• If approved by the Registrar of the Probate Registry the caveat becomes permanent and can only be removed by a District Probate Registrar, a High Court Judge, or a District Judge making an order.

Issue a Summons:

• Suitable if you believe you are entitled to apply for the grant or if the current applicant is unsuitable as an executor.
• No need for a contrary interest.

Although the warning and the appearance cost nothing to issue or enter, there can be serious costs consequences if the court decides that either party has acted unreasonably in entering a caveat or in opposing its removal.  The courts will not be sympathetic to parties who enter caveats on grounds which are not justified and this can be reflected by an adverse order for costs being made.  It is therefore recommended that you seek legal advice before entering a caveat.

If you need help deciding whether you should register a caveat, the grounds on which you might be entitled to do so, or the procedure to follow, please contact us for further advice.