Contentious probate is heart-breaking for families as estate administration disputes test bonds and relationships. However, legal avenues are available to resolve concerns swiftly and professionally, preventing unnecessary conflicts. One of the pivotal devices we can employ is issuing a caveat, and our contentious probate solicitors can help you enter one.
What Is A Caveat?
A caveat is used to delay administration and allow the concerned party time to investigate their claim.. This document is filed to prevent the Grant of Probate and the administration of the Will, halting a probate application. They create time to dispute the preparation and validity of the Will or prevent it from being executed by an unfit individual.
Why Enter A Caveat?
We enter a caveat to delay the administration of a Will. However, there are many reasons why we would want to prevent this administration. For example, you could be a beneficiary concerned that the estate is being mal-administered or someone is attempting to obtain a Grant of Probate using an invalid Will.
Then, you may have concerns surrounding a Will’s validity. You may believe that the Will is fraudulent, was created illegally, or that the testator of the Will lacked testamentary capacity..
Finally, you might believe that the executor or administrator cannot correctly administer the estate. You could think they will execute the Will according to their wishes and not in accordance with the Will or the Intestacy Rules.
Can A Caveat Be Removed?
Caveats for probate are in place for six months. Once that time has elapsed, you may enter another caveat to delay the Grant of Probate for another six months.
The personal representative can lodge a Warning to try and remove the caveat. This Warning is served to whoever entered the caveat, giving them fourteen days to enter an Appearance at the Probate Registry. If the enterer makes this Appearance, the caveat will remain in effect until their concerns and issues are resolved. Then, both parties can consent to remove the caveat, or a Court Order will do so.
Beneficiary Rights
When you are named as a beneficiary of an estate or believe you should be, you have certain rights to access information. Before a Grant of Probate has been secured, a Will is strictly confidential, and only the personal representative can decide whether to provide a copy. After the Grant is secured, the Will becomes a public document.
Beneficiaries typically have the right to access trust and estate information and documents. These details could include identities of trustees and assets as well as deeds and accounts.
Expert Support With Caveats
Entering a caveat can be complex, especially when dealing with family relationships and tensions. For a professional, sensitive service, enlist the help of our contentious probate solicitors. We can help you lodge a caveat, contest the validity of Wills and remove unfit personal representatives, preserving your loved one’s estate and wishes.
Why Choose Wilkes
All our services are partner-led, meaning you receive a dedicated solicitor to manage your contentious probate case. They are your first point of contact and will always be available to assist. You also benefit from:
- A Legal 500 recognised law firm
- A Lexcel accredited and Solicitors Regulation Authority authorised law firm
- Our extensive knowledge and experience in Probate law protocols and estate litigation
- Our nationally accredited solicitors
- Our international network of legal connections in 40 countries
We file a caveat to prevent the issue of a Grant of Probate or Letters of Administration. This prevention delays the execution of a Will and the administration of an estate.
