Issuing a Warning To A Caveat

There is often nothing more frustrating than finding out that a Caveat has been issued against an estate. Often the first notification of this is when the probate registry inform you that probate cant be issued because a caveat has been issued. So what do you do ?

What is a Caveat ?

A Caveat is a procedure that presents probate from being issued. Unfortunately, it can be very easily entered and more often than not, we find that caveats are issued without any good reason. If left, the Caveat remains in place for 6 months and can be renewed at 6 month intervals so it needs resolving.

If you are an Executor or Administrator and feel the caveat has been entered unreasonably what can you do ?

Serving a Warning to the Caveat

The first step is to take legal advice as contested probate can be a very complex area. If the Caveat has been entered unreasonably, we can help you by drafting what is known as a Warning to the Caveat. This is a legal document which when served on the person who has entered the Caveat provides that they must enter what is called an Appearance within 14 days stating the grounds upon the will is disputed otherwise the Caveat will be removed. The Appearance is not an actual appearance at court, it is simply a formal reply to the Caveat Warning stating the reasons why the will is disputed.

If no reply is received to the warning, an application can then be made to the Court to have the Caveat removed.

We have a team specialising in Warnings to Caveats contact Tim Murden on 01492 429985 or via e-mail at tim.murden@tmsolicitors.co.uk