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Probate actions—caveats

STOP PRESS: HMCTS announced updates to the caveat application process from 25 October 2022. See: LNB News 11/10/2022 10.CaveatsA caveat (also known as a stop) is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry.Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate.By lodging a caveat, the caveator will be notified of an application for a grant and given the opportunity to object to the issue of a grant.Once a caveat has been entered, the onus moves to those seeking to prove the Will to take action to remove the caveat, as it prevents a grant being issued until the caveat has been removed by:•the non-appearance of the caveator to the warning•the withdrawal of the caveat by the caveator•an order of a district judge, registrar or High Court judge•the expiration of six months from the date of entry or effective...

Jurisdiction in probate matters

Role of the courtThe High Court has jurisdiction in relation to probates and letters of administration, in particular all contentious and non-contentious jurisdiction relating to:•testamentary causes and matters•the grant, amendment or revocation of probates and letters of administration, and•the real and personal estates of deceased personsProbate jurisdictionThe probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division (and county court).The Family Division deals with non-contentious or common form probate business and the Chancery Division deals with contentious or solemn form probate business. See Practice Note: What are common and solemn form probate?Probate jurisdiction—Family DivisionThere are three main issues:•whether a document is admissible to probate•who is entitled to a grant of representation•whether a grant already made should be revokedRight of interpretation—Family DivisionTo grant representation the Family Division may consider the terms of testamentary documents to determine a point of construction but is not bound to do so. Instead, it may use its discretionary power to make a grant to a suitable person, leaving the question...

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Summons for discontinuance of caveat

Summons for discontinuance of caveat IN THE HIGH COURT OF JUSTICE FAMILY DIVISION [THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR PROBATE REGISTRY OF WALES] In the Estate of [name] deceased SUMMONS LET [name], the [caveator OR person warning], or his Solicitor, attend [the District Probate Registrar of the [location] District Probate Registry OR Probate Registry of Wales at [address] OR one of the District Judges of this Division at the Principal Registry, First Avenue House, 42–49 High