Q&As

Does the issuing of an ad colligenda bona grant, where there is a caveat in place, affect any disputes as to the validity of a Will?

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Produced in partnership with Lynne Counsell of Addington Chambers
Published on: 25 March 2020
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Caveats

A caveat is a notice in writing that no grant of probate or letters of administration is to be issued in the estate of a named deceased without notice to the caveator. It is entered in the format set out in Form 3 Schedule 1 to the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 and remains in force for a period of six months, subject to extension: NCPR 1987, SI 1987/2024, r 44(3).

The provisions regarding caveats are contained in section 108 of the Senior Courts Act 1981 (SCA 1981) and NCPR 1987, SI 1987/2024, r 44.

A caveat is usually the first step in any dispute over the validity of a Will. The caveator may then proceed to commence a probate action. Alternatively, the procedure of issuing a warning and entering an appearance will be followed as set out in NCPR 1987, SI 1987/2024, r 44. See Practice Notes:Probate

Lynne Counsell
Lynne Counsell

Barrister, Addington Chambers

Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.

Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.

Lynne has written or updated over fifty books, including writing the initial volume of Atkin’s Court Forms “Financial Services” and updating Halsbury’s Laws on Injunctions. Lynne was also co-author of two editions of “Insider Trading” and co-editor and one of the writers of “Chancery Practice and Procedure.”

Articles include “Marketing of Investments” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years – Charles v Fraser (2010).

Lynne has drafted the standard unit trust for the government of Nigeria, the rules and related documentation for various building societies and clubs, shareholder agreements, company takeovers compliance documentation for certain banks as well as wills and trusts.

Lynne was awarded the 2017 Corporate international Magazine Global Award – “Investment Contracts Barrister of the Year in England”.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Disputes definition
What does Disputes mean?

There is a tPR code of practice on dispute management and regulation.

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