Continuing with our articles on preventing probate.
A caveat prevents a probate or grant of Letters of Administration being issued by the probate registry.
It is a very useful tool to ensure that the caveator has time to make enquires as to whether there are grounds to contest a will.
In our experience this can include:
When there is real concern regarding the validity of a will
An executor refuses to disclose a copy of the will
Fraud or undue influence maybe suggested.
The entitlement of the person applying to the court maybe in dispute (for example in the case of someone dying without a will)
Concerns that assets maybe disposed contrary to the intentions of the will or intestacy.
Caveat – How is it issued?
A caveat is issued by making an application to any probate registry.
The Leeds probate Registry deals with the administration of caveats throughout the country.
The application has to be supported by various information together with a court fee.
Stopping a probate – Using a caveat
Incorrectly executed wills
A caveat prevents a grant of probate being issued by the probate registry
This is a very useful tool as it enables the person lodging the caveat to make enquiries as to whether there are grounds to contest the will.
In our experience this may relate to all or some of the following:
Where there is real concern regarding the validity of the will;
An executor refuses to disclose a copy of the will;
Fraud or undue influence in a will maybe suspected;
The entitlement for the person applying to the Court maybe in dispute for example in the case of someone dying intestate without a will;
Concerns that assets maybe disposed contrary to the intentions of the will or under the intestacy rules.
If you have any queries please free to contact us.