Areas of Practice
Contested Probate » Caveat
Where a person whishes to prevent a grant of probate to an unfit executor and/or challenge the Deceased's Will their first step should be to obtain legal advice to consider the claim and the merits of lodging a caveat. A Caveat generally precludes a grant being made in respect of an estate, therefore preventing the executor from obtaining authority to administer the estate and thus prevents lawful distribution.
Caveats generally remain in force for six months, unless the registrar orders otherwise, although they can be extended. If you enter a Caveat you may remove it at any time by writing to the Registry. Caveats can be entered at any Local Probate Registry. If you would like to instruct us to draft and enter a caveat on your behalf you will need to be able to supply us with the full name, date of death and last address of the Deceased.
To challenge a caveat a "warning" must be sent to Leeds District Probate Registry. The Warning document is sent to the person who entered the Caveat and they will be required to enter an “appearance” at the Probate Registry. An appearance does not mean a physical attendance at the Registry merely a response in the correct form. The response must be sent to the Registry within 8 days of the warning.
If an appearance is not entered in response to a warning the caveat will be removed. If an appearance is entered and agreement can not be reached between the parties for consent to remove the caveat Court proceedings will have to be considered.
Where a person receives a "warning" they should seek legal advice immediately.
Call us today on 02920 263800 and our contentious probate team will advise you in relation to your claim. We have offices in Cardiff, Bristol and London.
Regus House, Malthouse Avenue, Cardiff Gate Business Park, Pontprennau, Cardiff CF23 8SP
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