Probate actions—caveats


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert
Practice notes

Probate actions—caveats


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert

Practice notes
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caveats

A 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:

  1. •

    the non-appearance of the caveator to the warning

  2. •

    the withdrawal of the caveat by the caveator

  3. •

    an order of a district judge, registrar or High Court judge

  4. •

    the expiration of six months from the date of entry or effective extension of the caveat

See below on Procedure.

Reasons for entering a caveat

A

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Jurisdiction(s):
United Kingdom
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Key definition:
Probate definition
What does Probate mean?

The process of proving (ie establishing the validity of) a Will by the executor. Once the Will has been proved, the court will issue a grant of representation. The Scottish law equivalent is executry.

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