1. Understand what a caveat is
A caveat is a notice lodged at the Probate Registry, which stops a Grant of Probate being issued for an initial period of six months. They are usually placed by individuals who are concerned about the validity of a will, to allow time to investigate their concerns. A caveat has practical implications on how an executor can administer an estate. Without a grant, most estate property cannot be dealt with, and financial institutions might not release monies in the deceased’s bank accounts, which can cause this liquidity issues. Estate assets also cannot be released to beneficiaries, so delay is likely.
2. Investigate why this caveat has been entered
It is not always clear why a caveat has been entered, particularly if you did not get prior notice that an individual has concerns about the validity of a will. Consider if you have enough information to understand why it has been entered. If not, write to person who entered the caveat to seek an explanation and agree a way forward if possible.
3. Contact a contentious probate specialist
If you are a probate lawyer, an independent financial advisor or a non-SRA regulated will writer, you may wish to speak to a specialist contentious probate solicitor to assist in the review of the caveat, particularly if you have concerns that it is an abuse of process. Providing a summary of your knowledge of the administration and potential will challenge will help a speedy review by a specialist.
4. Speak to your Executor client and notify the beneficiaries
You will need to advise your executor client about what a caveat is, how it may impact the estate administration, the need to notify the beneficiaries of it and the right to respond/challenge the caveat. You will also need to notify the beneficiaries and advise about seeking their own legal advice about responding to the caveat.
5. Ensure executors remain neutral
Dealing with will challenges can be an emotionally-charged experience but it is important for all involved to keep a level head, especially the executor of the will. Even if they are also a beneficiary, it is their responsibility to remain neutral throughout the any caveat or will challenge as any potential bias or arguments can hinder the process, encourage contests and impact overall costs.
Would you like to know more?
Thrings’ Private Wealth Dispute Lawyers are experienced in all areas of the law that are close to home and support individuals, couples and their professional advisors with sound tailored advice to successfully navigate the challenges faced around wills and contentious probate.
