If there is a dispute over a will or an estate, it is important that probate is not issued. One way of preventing probate is to issue what is called a Caveat. This is issued following an application to the probate registry and once in place lasts for a period of some 6 months. After the expiry of this period it can be renewed. A Caveat is useful in enabling parties time to consider the issues in dispute such as the validity of the will etc. A Caveat can be placed on the estate by anyone having an Interest in the estate. If issued against the estate unreasonably, then a Warning to the Caveat can be issued. This gives the person who has entered the Caveat a period of 8 days to remove the Caveat or alternatively enter what is called an Appearance which would state the reasons for the Caveat being entered. If an appearance is entered then the Caveat remains in place until removed by the Court.
We are specialist solicitors who have experience in entering Caveats, and serving Warnings – if you need help contact us on 01482 638 564.