Caveats, Warnings and Appearances
We are frequently contacted by family members concerned about a will, and want extra time to fully investigate the circumstances surrounding a will. In such a case, there is a procedure called a Caveat. This prevents probate from being issued in the probate registry. Once issued the Caveat lasts for a period of some 6 months.
Typical grounds for issuing a caveat maybe :-
- You have yet to see the will
- The executor is refusing to disclose a copy of the will
- There are concerns about the role of the executor or administrator
- The person maybe applying for probate is not the right person
A Warning to a Caveat
If a Caveat has been entered incorrectly, then to challenge a caveat you issue what is known as a Warning – legal help should be sought as there are various procedures that must be adhered to when issuing the warning on the person who has entered the Caveat.
Once the warning has been served on the person who has entered the Caveat, they have a period of some 8 days to enter an Appearance.
The Appearance sets out in short detail the grounds for contesting the will and why the caveat ought to remain in place. If no Appearance is filed in 8 days then the Caveat can be lifted however this still requires a specific application.
If an appearance is filed the caveat then remains permanent unless the Court removes it or alternatively the parties agree.
If you need help with a Caveat – we can help call us on 0844 740 1637