When a family member or friend passes away, the process of administering their estate can be emotional and complex. Disputes arise because of many reasons, possibly because of a perception that the will is invalid or causes unfairness, or the executors are not acting responsibly. Concerns may need to be investigated and probate may need to be halted to enable an investigation and enquiry to be carried out and to delay the administration of the Estate. Once assets have been dissipated then it might be impossible to undo the prejudice caused to beneficiaries. Ultimately, there may be very good reason to threaten or bring court proceedings.
What Is a Caveat?
One of the key legal tools used to protect the interests of beneficiaries is a caveat.
A caveat is a legal notice filed to prevent the immediate grant of probate (or letters of administration, if there’s no will). It essentially puts the brakes on the process, signalling that someone has concerns about the validity of the will or the person applying to manage the estate.
Why Would Someone Lodge a Caveat?
Caveats are typically lodged by someone who has an interest in the estate and wants to challenge or delay probate for one of the following reasons:
- They believe the will is invalid, possibly due to lack of capacity, undue influence, or forgery.
- They suspect fraud or improper execution of the will.
- There’s a more recent will that hasn’t been submitted.
- They question the applicant’s right to act as executor or administrator.
Lodging a caveat gives time to investigate, seek legal advice, or begin formal legal proceedings.
How Does a Caveat Work?
When a caveat is lodged by a person ( the caveator) it stops the probate process for a finite period (commonly 6 months, though it can be extended). During this time the executor or administrator cannot move forward. The caveat can go unchallenged and be extended or it can be contested by way of the service of a Warning upon the caveator. The caveator has 14 days to respond to the warning and a failure to do so will result in the caveat being removed.
Should You Lodge a Caveat?
Before lodging a caveat, it’s wise to consult a solicitor or legal advisor. Filing without solid grounds can backfire. If a caveat is contested and the person who lodged it can’t justify it, they might face costs penalties.
You might consider a caveat if:
- You were unexpectedly excluded from a will and suspect foul play.
- You know of another version of the will.
- You’re concerned the executor is unfit to manage the estate.
Caveats offer a way to ensure that genuine concerns are heard before an estate is administered. If you find yourself facing questions about the validity of a will or the circumstances seem suspicious, filing a caveat might give you the breathing room you need to explore your options.
Lodging the caveat is the easy part. The process thereafter can become very complicated and assistance from an experienced solicitor should be sought.
Funding a claim can be expensive and this is why Prosperity Law’s contentious probate team offers a range of funding options including no win no fee and deferred payment options, subject to a risk assessment being carried out.
Get In Touch
For an initial friendly and free discussion, please contact our contentious wills and probate team who are based in the Head Office at Manchester. The team is led by Paul Magee who is a senior solicitor. Call us with the phone number below or fill out the form and we will be in touch.
