William Cook
Disputed Wills & Estates
Caveats – How to Stop a Grant of Probate
A Grant of Probate officially appoints Executors, empowering them to undertake the administration of an Estate, for example the closing of the deceased’s bank accounts, or the sale of their property.
Because of the authority granted by the Grant of Probate to an Executor, those contesting a Will may be keen to ensure that an Executor is delayed in being able to obtain such, pending the outcome of their challenge.
What is a Caveat?
- A caveat is a legal notice filed with the Probate Registry to stop a Grant of Probate from being sealed.
- A caveat remains in effect for six months and will automatically end unless renewed prior to the end of the period.
- The purpose of a caveat is to afford you time to take advice on the merits of your claim/s and undertake any investigatory work to support these.
William Cook, an Associate Solicitor in the Dispute Resolution department, said:
“Caveats, when used property, serve as an important measure to pause the administration of an estate whilst you consider your legal position. Whilst the lodging of a caveat is a time-sensitive issue, it is encouraged to take advice prior proceeding with the same as consequences can exist when a caveat is misused.”