The process of obtaining a grant of probate (if there is a will appointing executors), or alternatively, the grant of letters of administration (if the deceased died without a will) ("collectively referred to as the "grant") is a critical step in estate administration.
The grant formally appoints personal representatives and enables them to carry out significant duties such as selling property or closing bank accounts. However, there are circumstances in which individuals may seek to prevent a grant from being issued and thereby halt the administration of an estate particularly in contentious probate cases.
What is a caveat?
A caveat is a document filed with the Probate Registry to prevent a grant from being issued by the probate registry. The individual who lodges the caveat (known as the caveator) does so ordinarily because they wish to challenge the validity of the will itself or, alternatively, because they have concerns about the suitability of the intended personal representative.
How long does a caveat last?
The caveat lasts six months and will expire automatically after that period unless the caveator renews it.
What is the cost to enter a caveat?
There is a nominal fee of £3 to enter a caveat.
When should I enter a caveat on an estate?
The use of a caveat is appropriate if you suspect that the will is invalid for any reason or, alternatively, if you have legitimate concerns as to the suitability of the intended administrators. Typical examples of how a will might be invalid include:
Lack of Testamentary Capacity: If there is suspicion that the deceased did not have the mental capacity to make a valid will (for example, if they were suffering from a medical condition such as dementia), a caveat can be filed to challenge the validity of the will.
Undue Influence: A caveat may be filed if it is believed that the deceased was coerced or pressured into making a particular will, thereby invalidating the testator's free will.
Forgery or Fraud: If there is evidence or suspicion that the will has been forged or obtained through fraudulent means, a caveat can be used to prevent the grant of probate.
Revocation of the Will: A caveat may be filed if there is evidence that the will has been revoked or replaced by a later will or other document.
Formalities Not Followed: A will must meet specific legal requirements to be valid, including being properly signed and witnessed. If these formalities are not met, a caveat may be lodged.
How do I file a caveat?
It is possible to enter a caveat on an estate online or by post. You simply need to enter a few basic details of the deceased person and briefly explain the reasoning for the caveat.
What are the benefits of entering a caveat?
The caveat will enable you to temporarily prevent any steps being taken in the administration of an estate. It will allow you time to investigate whether you have any valid claims. The caveat, therefore, acts as a preventative tool to buy you time to explore your legal position.
What are the penalties for misusing a caveat?
Caveats must be used appropriately, and you could be ordered to pay the opposing party's costs if you wrongly entered a caveat. By way of example, it would not be appropriate to use a caveat if you are considering a claim under the Inheritance Act 1975 because the nature of those claims does not affect the validity of the will in question, nor does it necessarily seek to remove the personal representatives.
Summary
Caveats are an incredibly useful tool to maintain the status quo and prevent an estate from being administered before the grant has been obtained while you investigate your claims. They act as a temporary measure and do not resolve the underlying dispute. Caveats are often a precursor to litigation, whether to remove the personal representatives or challenge the validity of a will.
