A Caveat is a formal legal notice lodged with the Probate Registry to prevent a Grant of Probate or Letters of Administration from being issued without the caveator (the person entering the caveat) being notified. It effectively places a temporary block on the administration of a deceased person’s estate, ensuring that no legal authority is granted to anyone to deal with the estate until any concerns or disputes are addressed.
Caveats are most commonly used where there is a dispute or uncertainty about the validity of a Will, the entitlement of a person applying for probate, or the mental capacity of the deceased at the time the Will was executed. They may also be used where there are suspicions of fraud, undue influence, or forgery.
To enter a caveat, the caveator must submit Form PA8A to a Probate Registry, along with the appropriate fee (currently £3 as of 2024). A caveat is valid for six months from the date of entry and may be renewed for further six-month periods. If contested, the caveator may be required to justify the caveat by entering an appearance in contentious probate proceedings. If this does not happen, the caveat may be removed by a warning issued by the opposing party.
The use of a caveat is governed by the Non-Contentious Probate Rules 1987 (Rule 44 and related provisions), and it is a serious legal tool that should only be used where there is a genuine reason to contest the issuing of probate.
Regulatory Framework:
- Lodged with the Probate Registry using Form PA8A.
- Valid for 6 months, renewable.
- Governed by the Non-Contentious Probate Rules 1987, Rule 44.