We have discussed elsewhere the process and effects for entering a caveat, which is a written notice preventing the issue of a grant of probate. Here we examine the procedure for dealing with a caveat once it has been entered.
The first step in responding to a caveat is to for a person who has an interest in the estate and disagrees with the caveator to enter a warning. The warning will state this person’s interest in the estate and give the caveator 14 days to enter an appearance to respond to the warning, or issue and serve a summons for directions. The caveator may then take the action required by the warning, withdraw the caveat or do nothing. When an appearance is entered no grant can be issued other than to the caveator without a Court ordering otherwise. In such a case it is likely that the matter will require court proceedings. Withdrawal of the caveat will end the matter and a grant can be issued. Failing to respond will allow the person issuing the warning to file documents with the probate registry confirming this, leading to the removal of the caveat.
A summons for directions is used where the caveator solely wishes to object to a grant being issued to a specific person. In this case the caveator will need to file evidence to show why the person in question should not be issued with a grant. The judge will then decide if the caveat should be removed and may specify who the grant should be issued to.
Field Overell LLP have experience acting for both executors and claimants in relation to a wide variety of probate disputes throughout Coventry and Warwickshire. Contact our offices on 024 7622 9582 or 01926 422101 to discuss matters with one of our expert lawyers.
This article is provided for information only and is not intended to constitute legal advice. No reliance should be placed on this article. You should always take legal advice from a qualified lawyer before deciding whether to pursue legal action.