The Ministry of Justice (MOJ) recently announced that more than 10,000 applications to enter a caveat were made in 2023. This is an increase of 14% since 2022, and an increase of 43% since 2019.
This highlights the growing number of inheritance disputes, which has also seen a rise in claims under the Inheritance (Provision for Family and Dependants) Act 1975.
What is a caveat?
A caveat is entered when a person seeks to challenge a person’s will, before probate is granted. A caveat acts to stop a Grant of Representation being issued in an estate.
Caveats are usually entered where a person disputes whether a will exists, whether a will is valid, or whether the person seeking to apply for probate is the correct person to apply.
Once a caveat has been entered against an estate, then the person who entered it (known as the caveator), should either investigate their reasons for disputing the will, or make clear to the estate’s representatives that they are intending to dispute the will or probate, and on what grounds.
A caveat is valid for six months from the date it is entered, and can be renewed if necessary. This allows adequate time for the caveator to investigate and issue proceedings if their investigation decides proceedings are the next step.
What do you do if a caveat is lodged?
It depends on the circumstances, and in some cases, it may be important to wait the initial six months to allow the caveator to investigate.
It is likely that the caveat will cause a delay on administering the estate, and it may be necessary to apply for an interim Grant of Representation if the estate would suffer a loss as a result of the caveat – the interim Grant only gives the authority to sell assets.
After the initial six months, it may be necessary to review the situation, and if the caveat is extended but no communication has been received from the caveator, it may be necessary to remove the caveat.
How do I remove the caveat?
Removing a caveat is governed by the Non-Contentious Probate Rules 1987; the process is known as ‘warning off’.
The ‘warning off’ notice is served on the caveator, advising that they need to make clear to the court why the caveat should continue – this is known as ‘making an appearance’. If an appearance is not entered, then the caveat will be removed and the application for probate can continue.
However, if an appearance is made, then the caveat is made permanent, and can only be removed with the consent of the caveator, or by a court order.
How we can help
Here at Brethertons we are happy to assist you in any situation, whether you are seeking to place a caveat in order to dispute a will, or if you have received notice of a caveat being entered on an estate you are applying for probate in.
In any circumstance, it is important to have the correct advice from a specialist contentious probate lawyer who can advise you on the next steps.
Take professional advice from one of our team
Please email info@brethertons.co.uk or phone 01295 270999 (Banbury Office), 01869 252161 (Bicester Office), 01788 579579 (Rugby Office) or 01242 472747 (Cheltenham) to speak to a member of our Probate team who can discuss the next steps with you.
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