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Caveat Entered Against Probate Being Issued
I've just heard from the probate office that my sister in law has entered a caveat stopping me getting probate on my Mum's estate.My Mother wrote her will in 2008. Do I need to get a solicitor ?
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The link from emeritus is good.
It includes the following:
"In what sort of circumstances are caveats used?
It is not possible to give a comprehensive list; a caveat is often used to create a "breathing space" to enable the caveator to make enquiries to determine whether there are grounds to oppose an application for Probate, or to bring matters in relation to the estate before the Court: these are a few typical examples:
-there is some allegation concerning a Will e.g. it is not the last Will, the deceased was not "of sound mind" when it was made, it was not properly signed and witnessed, it has been tampered with in some way.
-there is dispute about whether a Will exists
the person intending to apply for Probate may not be entitled to do so
-there is a dispute between two or more people equally entitled to apply for Probate
-allegations that the person applying for the Probate is not a "fit and proper" person"
As to what happens next, I'm not sure it's appropriate to go to a solicitor until you know the reasons for the caveat. The link says:
"What happens when a caveat stops an application for Probate?
The person applying for Probate is informed of your caveat and given your details.
"What happens next?
It is up to yourself and the person applying for Probate to make contact with each other, hopefully to resolve any differences, and agree a way forward.
So, next step is to contact your sister in law
It includes the following:
"In what sort of circumstances are caveats used?
It is not possible to give a comprehensive list; a caveat is often used to create a "breathing space" to enable the caveator to make enquiries to determine whether there are grounds to oppose an application for Probate, or to bring matters in relation to the estate before the Court: these are a few typical examples:
-there is some allegation concerning a Will e.g. it is not the last Will, the deceased was not "of sound mind" when it was made, it was not properly signed and witnessed, it has been tampered with in some way.
-there is dispute about whether a Will exists
the person intending to apply for Probate may not be entitled to do so
-there is a dispute between two or more people equally entitled to apply for Probate
-allegations that the person applying for the Probate is not a "fit and proper" person"
As to what happens next, I'm not sure it's appropriate to go to a solicitor until you know the reasons for the caveat. The link says:
"What happens when a caveat stops an application for Probate?
The person applying for Probate is informed of your caveat and given your details.
"What happens next?
It is up to yourself and the person applying for Probate to make contact with each other, hopefully to resolve any differences, and agree a way forward.
So, next step is to contact your sister in law
Read this;
http://
This says:
"I have applied to the probate registry and just received notification that a Caveat has been issued, what can I do?
As no notice has to be given when a caveat is issued, it is often very surprising to Executors or Administrators to find that a caveat has been issued against an estate. Given this if you disagree with the Caveat, something called a Warning maybe served on the Caveator. This provides that an appearance to the caveat, must be entered at the Court within 8 days. The appearance sets out in summary the grounds as to why the caveat has been issued. If no appearance is entered, then an application can then be made to the probate registry for the grant of probate to be issued.
If an appearance has been entered, the caveat will remain in force indefinitely, until matters are finally resolved, this could be by either an application being made to the probate registry for a direction hearing or alternatively formal contested probate proceedings being commenced.
On account of these rules cases often arise whereby the testator the person making the will) hasn’t maybe signed the will in the presence of the witnesses, the signature does not appear to be genuine or the witness to the will is in fact a beneficiary."
I would be inclined to ask the SIL though- it may be something that can be cleared up between you
http://
This says:
"I have applied to the probate registry and just received notification that a Caveat has been issued, what can I do?
As no notice has to be given when a caveat is issued, it is often very surprising to Executors or Administrators to find that a caveat has been issued against an estate. Given this if you disagree with the Caveat, something called a Warning maybe served on the Caveator. This provides that an appearance to the caveat, must be entered at the Court within 8 days. The appearance sets out in summary the grounds as to why the caveat has been issued. If no appearance is entered, then an application can then be made to the probate registry for the grant of probate to be issued.
If an appearance has been entered, the caveat will remain in force indefinitely, until matters are finally resolved, this could be by either an application being made to the probate registry for a direction hearing or alternatively formal contested probate proceedings being commenced.
On account of these rules cases often arise whereby the testator the person making the will) hasn’t maybe signed the will in the presence of the witnesses, the signature does not appear to be genuine or the witness to the will is in fact a beneficiary."
I would be inclined to ask the SIL though- it may be something that can be cleared up between you
F-F is quite correct a caveat (meaning beware) is usually only placed on a will to ensure time is given for discussion and the caveator (the person who placed the caveat) is notified that a grant of representation has been requested and by whom so they may enter into discussion. If it is difficult or complicated I would use a solicitor but first find out why the caveat was placed from the caveator.
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