Where a person wishes 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 please do not hesitate to contact us.