Caveats: what, why and how?

30 March, 2016

Is there a dispute regarding who can apply for a grant of probate? Do you have questions over the whereabouts or validity of the deceased’s Will? If so, you should consider lodging a caveat at the Probate Registry.

A caveat is a written notice which stops a grant of probate (or letters of administration) being issued in relation to an estate. A caveat will (unless successfully challenged) remain in place for 6 months and can be renewed.

Importantly, without the authority of the grant, the executors cannot normally administer the deceased’s estate including distributing the assets.

Where there is a Will dispute, therefore, a caveat can provide you with time to investigate the validity of the Will and to properly set out your claim.

A caveat should be lodged at the Principal Probate Registry (by a person who is 18 years or over) along with the relevant fee.

If you would like advice about lodging a caveat or would like to discuss your Will dispute further, please contact Philip Youdan at philip.youdan@crippspg.co.uk.