Solicitor Louise Low, in our Dispute Resolution team explains the changes set to take effect from Tuesday 25 October 2022.
What is a caveat?
A caveat is a technical legal notice lodged at the probate registry which, when entered correctly, will prevent anyone being able to obtain a Grant of Representation (either a Grant of Probate or Letters of Administration). A caveat is valid for six months unless withdrawn and can be renewed every six months.
The concerns of the person entering the caveat need to be addressed, either between the parties or through the Courts, which will result in full administration of the estate being delayed.
Reasons for entering a caveat may include doubts over the validity of a Will or concerns that an existing Will has not been located.
The changes announced
His Majesty’s Courts and Tribunals Service have announced changes to the caveat application process which come into force on Tuesday 25 October 2022. From this date, there is an updated form to complete, a new address for the application to be submitted to, and this must now be sent by post.
Entering a caveat is a relatively cheap process, but it does have very specific requirements for the caveat to take effect. It is also quite a dangerous and costly tool if used incorrectly. If a caveat is entered without proper legal cause, the Court can Order you to pay the legal costs of the estate personally.
It is, therefore, very important to take advice from a specialist before entering a caveat to ensure you are not setting yourself up for a nasty surprise down the line.
Changes to the process of applying for extensions of an existing caveat have also been announced and take effect on 25 October.
If you need assistance with challenging an estate, our team would be happy to speak to you.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
