How To Stop Probate
If you are unhappy with a will, then it is very important that you immediately seek legal advice as once a grant is issued by the Court, the estate may be distributed.
To prevent the Grant of Probate a Caveat maybe issued. This involves making an application to the probate registry and once issued the Caveat has the effect of preventing a Grant of Probate or a Letters of Administration being issued, and is a very useful in protecting your interests.
All Caveats remain in place for a period of some 6 months after which they can be renewed for a further 6 months by an application to the Probate registry.
When is a Caveat Is typically Issued
Typically, a caveat is issued in the following circumstances :-
- when there is a real concern regarding the validity of a will.
- an executor refuses to disclose a copy of a will.
- fraud or undue influence in a will is suspected.
- The entitlement of the person applying to the Court may be in dispute (for example in the case of someone dying intestate without a will).
- Concerns that assets may be disposed contrary to the intentions of the will.
I have found out that a Caveat has been issued : what can i do ?
As no notice has to be given when a caveat is issued, it is often very surprising to Executors or Administrators to find that a caveat has been issued against an estate. Given this, if you disagree with the Caveat, something called a Warning may be served on the Caveator. The Warning provides that an appearance to the caveat must be entered at the Court within 14 days.
The appearance sets out in summary the grounds as to why the caveat has been issued. If no appearance is entered, then an application can then be made to the probate registry for the grant of probate to be issued.
If an appearance is entered, the caveat will remain in force indefinitely until matters are finally resolved. This could be by either an application being made to the probate registry for a direction hearing or alternatively formal contested probate proceedings being commenced.
Need help with a Caveat, A Warning or an Appearance ?- call us now on 0844 740 1637