Introduction
When a loved one passes away, dealing with their estate can be emotionally draining and a lot of work. Matters can become even more complicated when a Caveat is entered. This effectively pauses the probate process and signals a dispute.
Whether you’re an executor trying to move forward or a family member concerned about the validity of a Will, understanding how to handle a Caveat correctly is crucial. In this guide we will explain what a Caveat is, why it might be filed, and how to resolve it.
At Merriman Solicitors we are also ready to give you personalised advice on your specific situation. You can contact us today and one of our friendly solicitors will be happy to walk you through practical steps and legal options to resolve whatever challenges you encounter during the probate process.
What is a Caveat in Probate?
A Caveat is a legal notice filed at the Probate Registry which prevents a Grant of Probate from being issued. Someone may lodge a Caveat if they intend to dispute the validity of a Will or the administration of the Estate and wish to halt the Probate process so that they have more time to investigate and build a case.
In order to avoid disputes over the validity of your Will, it is advisable to seek legal support when writing it to ensure it is accurate and legally binding. Learn more about how to write a will by reading our guide, or you could also visit our page on Probate to learn more about the process.
Why would someone file a Caveat against a Will in the UK?
There are several reasons someone may lodge a Caveat. Common ones include:
- Questions around the validity of the Will: There may be concerns that the Will has been forged or altered.
- Concerns over mental capacity: There may be reason to believe that the deceased person wasn’t of sound mind when they made their Will.
- Allegations of undue influence: There may be concerns that the deceased person was under pressure when they made their Will.
- Technicalities: There may be missing witnesses or improperly signed documents.
When any of the above issues have been raised by family members or people with interest, the Caveat acts as a safeguard to allow time for them to properly scrutinise the Will, and employ legal assistance.
What happens after a Caveat is filed?
Once a Caveat is registered:
- The Probate process is paused immediately. Probate cannot be granted and no Letters of Administration can be issued.
- The executor is notified, and they must decide how to respond. They can either negotiate with the Caveator or apply to remove the Caveat.
- The dispute may escalate, especially if no resolution is reached. There is a possibility that formal court proceedings may ensue and a full Probate hearing may occur.
How to remove a Caveat?
A Caveat can be removed in two ways.
Voluntary removal
The person who filed the Caveat can withdraw it at any time if they no longer wish to pursue their objection. This option reduces stress and cost for everyone involved.
Court removal:
If the Caveator refuses to remove the Caveat voluntarily, the executor (or another party) can issue a Warning. This is a formal legal step and if the Caveator does not respond within the set timeframe, then the court can remove the Caveat. If the Caveator does respond by issuing an Appearance, then the court will be required to assess the validity of their claim. In the normal course, the Caveator will be afforded a specific period of time in which to commence their claim disputing the validity of the Will. If the claim is not issued in the given time frame then the Caveat will be removed and Probate (or Letters of Administration) can be granted.
If a Caveat is not addressed, nothing can move forward and the issue can cause years of delays in Probate being granted. This makes it vital to try and resolve the issue with proper legal guidance from expert probate solicitors.
When to seek legal advice for handling a Caveat
Probate is a sensitive and often complex process, especially when a Caveat is involved. If you wish to file a Caveat or are the executor of an Estate when a Caveat has been filed against it, seeking legal advice is essential. Trying to resolve a Caveat dispute alone can lead to prolonged delays, increased costs, and additional emotional strain. That’s where a Dispute Resolution Solictors can help.
At Merriman Solicitors we can help with:
- Dispute resolution to help you resolve the reasons for the Caveat being put in place without needing to go to court.
- Support with Warnings and Appearances and all associated legal procedures.
- Legal representation for you if the case does result in a court hearing.
- Clear, friendly communication every step of the way.
Conclusion
A Caveat can throw a spanner in the works of the Probate process, but it doesn’t have to derail the entire Estate permanently. With the right advice, mediation opportunities and legal representation in court if necessary, disputes can be amicably resolved and Caveats can be removed, meaning the Estate Executors can get on with their administration responsibilities.
Whether you’re an executor, beneficiary, or someone with concerns about a will, Merriman Solicitors is here to help. Get in contact with us today, and let us take care of it.
