Increase in Caveats Highlights Need for Caution in Probate Disputes

A recent Law Society article has highlighted a rise in the number of people entering ‘Caveats’ to prevent the administration of estates.

Selina Gonzalez, Associate Solicitor in our Will Claims team, explains why caution is essential when considering the use of a caveat in probate disputes.

A caveat is a formal notice that prevents Executors from obtaining a Grant of Probate. Caveats last for six months and can be renewed. While they are inexpensive (£3 each time) and effective for their intended purpose, a caveat is not the correct approach in every Will or Inheritance dispute. .

Common reasons to enter a caveat include, but are not limited to:

• Concerns about the validity of a Will.
• Suspicions that a person who died intestate may in fact have left a valid Will.
• Objections to the person applying for the grant of probate.

However, caveats are rarely appropriate if the potential claim is solely pursuant to the Inheritance (Provision for Family and Dependants) Act 1975. In such cases, alternative legal steps should be taken.

It is important to understand that caveats should not be entered lightly. If a caveat is disputed, it can  be challenged through a formal process known as ‘issuing a warning’ to the caveator (the person who entered the caveat).

• If the caveator does not respond, the caveat can then be removed by following a prescribed process; but
• If the caveator responds and disputes removal by ‘entering an appearance’, the caveat then becomes permanent and can only be removed by Order of a District Judge or Registrar, potentially requiring the parties to enter into expensive court proceedings.  

Further, if a caveat is entered inappropriately,  the courts may ultimately regard this as an abuse of process and exercise their discretion to make an adverse costs order against the caveator.

What starts as a £3 filing fee has the potential to escalate into significant legal costs, therefore anyone considering entering a caveat, or if you are Executor of an estate where a caveat has been entered, should seek urgent independent legal advice.

If you would like more information about the issues raised in this article please contact Selina on 01228 516666 or click here to send her an email.