What is a Caveat?

A Caveat can prevent a grant of representation (either a Grant of Probate or a Grant of Letters of Administration), being issued in an estate which will prevent the personal representatives from being able to administer the assets and distribute them.

When might a Caveat be used?

Caveats are generally used where there may be a disupte over a Will, and one or more parties wish to prevent the estate from being administered in the meantime. Siply put, a Caveat is supposed to provide extra time for enquiries to be made, in particular, if there are grounds to contest a Will.

What examples of circumstances might there be where a Caveat could be lodged?

• There are suspicions about the validity of the Will.
• There are concerns that the person who made the Will lacked capacity .
• It may be suspected that the person that has passed away made their Will when they were being influenced or placed under pressure.
• It is suspected that the Will is a forgery.
• Perhaps an executor is refusing to provide a copy of the Will, and accordingly, the party concerned would like to put a halt to a grant of representation being issued until they can see a copy of the Will.
• For different reasons, it could be suspected that the person applying for a grant of representation is not in fact entitled to one.

How is a Caveat lodged?

Generally a Caveat would be lodged by a solicitor through an application being made to the Leeds Probate Registry. There is a nominal fee that has to be paid, but no reasons have to be given as to why the Caveat is be lodged.

What happens after the Caveat is lodged?

The Caveat remains in force for six months from the date it is put in place, and then a further fee can be paid in the last month to the Probate Registry to extend it for a further six months.

When does it become apparent a Caveat has been lodged?

Quite often, the personal representatives in the estate may not find out a Caveat has actually been lodged with the Probate Registry until a grant of representation is applied for. There is no obligation on the Probate Registry or other parties to notify the executors or administrators of an estate that a Caveat has been lodged. However, when the application for the grant is made, the Probate Registry will be unable to issue the grant and the personal representatives will then be notified.

How can a caveat be removed?

In practice, this can be difficult. It is quite simple to lodge a caveat but can be tricky for them to be removed.

There is a simple procedure whereby a caveat can be “warned“ but it is then very easy for the person who has lodged the caveat to enter what is called and “appearance“ which then meas the Caveat stays in place. in many years of dealing with such cases, it is very common for the appearance to be entered, and then generally the Caveat can only be removed by pursuing one of the following options: –

• An application is made to the Probate Registry for a directions hearing to consider removing the Caveat.
• Court proceedings being issued.
• An agreement being reached where the person who lodged the Caveat will remove it .