Very often we are contacted by a an executor or Administrator who has applied for probate, only to be informed that a caveat has been issued and as such the probate registry are unable to issue the Grant of probate. If this has happened to you what can be done next ?
What is A Caveat ?
The starting point is to appreciate exactly what a caveat is. It simply prevents probate from being issued – nothing else. the difficulty is that a caveat can be issued very easily and for little cost, whilst no reason is required either. For this reason we do find that caveats are often issued far too easily and for no legitimate reason.
How To remove a caveat ?
Its often sensible to find out the reason why the caveat has been issued. Thereafter if no legitimate reason is given a procedure known as a warning to the caveat can be issued. This involves a legal document called a warning being served on the person entering the caveat. That person then has a period of some 8 days to set out the reasons why the caveat has been issued in the form of an Appearance. If no appearance is filed in the 8 days then the caveat may then be removed.
We regularly advise and help families with all aspects of caveats and probate, from the issue of caveat, a warning or an appearance. If you need help contact Tim Murden on 0330 404 2536 or e-mail email@example.com