Probate actions—caveats
Probate actions—caveats

The following Wills & Probate practice note provides comprehensive and up to date legal information covering:

  • Probate actions—caveats
  • Caveats
  • Reasons for entering a caveat
  • Procedure
  • Entry of caveat
  • Warning
  • Non-appearance to warning
  • Withdrawal of caveat
  • Appearance
  • Summons for directions

STOP PRESS: A new form (PA8A) must be used to apply to enter a caveat (from 18 May 2020). See: News Analysis: New probate application process for practitioners. The new form can be found in the Probate actions subtopic in the forms tab. The application can be made in person, by post or online: see Caveat application online.

STOP PRESS:: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 to provide for the use of witness statements as an alternative to affidavits for the non-contentious probate applications and processes contained in the following rules: NCPR 1987, SI 1987/2024, rr 10(1)(b), 12(1), 12(2), 16, 19, 25(2), 26(1), 32(2), 36(2)(a), 44(6), 44(10), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 55(2), 54(3) and 55(3).This makes permanent the temporary provisions introduced by the President of the Family Division during the coronavirus (COVID-19) pandemic. See: LNB News 01/10/2020 19.

Caveats

A caveat (also known as a stop) is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry.

Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate.

By lodging a caveat, the caveator will be

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