Q&As

What is the effective date of a caveat? Is it the date of entry, as with the obtaining of a grant, or the date it was received by the registry?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 03/04/2020

The following Wills & Probate Q&A produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • What is the effective date of a caveat? Is it the date of entry, as with the obtaining of a grant, or the date it was received by the registry?
  • Caveats
  • Procedure for entry of a caveat
  • Effective date of the caveat

What is the effective date of a caveat? Is it the date of entry, as with the obtaining of a grant, or the date it was received by the registry?

Caveats

A caveat is a written notice in the format set out in Form 3 of Schedule 1 to the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 that no grant of probate or administration is to be sealed in the estate of a named deceased, without notice to the caveator. The effect of a caveat is that the district judge or registrar will not allow any grant to be sealed (other than a grant ad colligenda bona or a grant to an administrator pending suit under section 117 of the Senior Courts Act 1981 (SCA 1981)) if they have knowledge of an effective caveat (NCPR 1987, SI 1987/2024, r 44(1)).

The provisions regarding caveats are set out in SCA 1981, s 108 and NCPR 1987, SI 1987/2024, r 44. A caveat usually remains in force for a period of six months and can be

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