If you want to contest a Will, the starting point is to obtain a copy of the Deceased’s Will. If you are unable to informally obtain a copy of the Will or if you wish to contest a Will, you can lodge a caveat with the Probate Registry which will delay the issue of the Grant of Probate.
A “caveat” is a legal document issued by the Probate Registry that prevents a Grant of Probate being issued to the Executors. This will therefore delay the administration of the Estate.
Once issued, the caveat will remain in place for a period of 6 months, until either it is removed voluntarily by the person who entered it or, alternatively, by an Order issued by the Court. It can be renewed by the initial Applicant, however, once 6 months has elapsed.
Of course, there may be a number of reasons why a caveat is issued. Perhaps because there are concerns relating to the validity of the Will. Perhaps because there is a dispute between the Beneficiaries or between the Executors, or between both. There may be concerns about the capacity of the Testator when the Will was written or perhaps because there is evidence or a belief that undue influence was brought to bear upon the Testator (the person who made the Will) at the time that the Will was written.
Although the caveat in itself will not create a solution to any of these issues, the delay that it causes to the Executors and the administration of the Estate generally should, hopefully, encourage the parties to engage in meaningful discussions to try and reach a compromise or agreement.
There is a fee payable to the Probate Registry at the time that the caveat is issued.
We can certainly assist you further if you have any concerns regarding a Will or the role that Executors or Beneficiaries are playing in the administration of an Estate.
If, on the other hand, you are an executor of an estate or an administrator, and someone has entered a caveat at the Probate Registry which is preventing you from proceeding with the administration of the estate or obtaining the grant, you will need to approach the person who has entered the caveat, to find out the reason for it. We would certainly be able to advise you in relation to this.
Please contact Natalie Harvey on 02920 470909.