Will Disputes Explained – What is a Caveat?
In Will dispute cases, advice should be given to anyone considering challenging the Will to register a Caveat.
The purpose of a Caveat is to prevent those people supporting the disputed Will from obtaining a Grant of Probate. A Caveat can also be registered to prevent a Grant of Letters of Administration where, for example, it is being asserted that someone died intestate (this is when somebody dies without a valid Will) but someone believes there is a Will which has not be found.
Entering a Caveat therefore has the effect of preventing the administration of the disputed Estate. A Caveat, which can be obtained by making an application to any Probate Registry, will last for an initial period of 6 months but can be extended.
In Will dispute cases, the advantage of entering a Caveat is that it gives time to make initial investigations into the validity of the disputed Will and advice can then be provided about challenging the Will.
It can also provide all parties with a period to consider whether an agreement can be reached without the need for Court proceedings.