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Probate Caveat – What It Is and What It Does

December 15, 2019 By Richard Farrell

‘Caveat’ is a Latin word telling the reader to beware of something. And thus we have ‘caveat canem’ beware the dog, ‘caveat emptor’ beware the buyer, and so on. It follows a ‘probate caveat’ says ‘watch out, before applying for a grant of probate or letters of administration’ for a particular estate.

How a Probate Caveat Works in Principle

A probate caveat comes in handy if you don’t believe a will is valid – or you don’t think the executor or administrator is doing things correctly. However, in the latter instance their actions must affect your rights directly. Thus you need to have a personal interest in the estate.

In either instance you can enter a caveat at a probate registry that stops the process in its tracks, but not forever. Letters of probate or administration are temporarily frozen, and the winding up of the estate grinds to a halt.

You can then use this opportunity to decide what to do next, and perhaps ask a solicitor to assist you too. However, a caveat of another kind applies here. Make sure you have a valid, thought-through reason for lodging a caveat probate.

Therefore, It may be a Good Idea to Ask a Solicitor First

You should only register a caveat probate, if you have a genuine, valid reason to become a ‘probate caveator’, and are aged over 18. For example:

  • You might believe the will is fraudulent or invalid
  • You could have reasonable cause to suspect undue influence
  • You may know of unusual factors affecting succession
  • You reasonably suspect the executor is overlooking the will’s intention

Here are The Rules if You Decide to Apply for a Caveat

A caveat application may be submitted online, or posted to any Principal Registry of the Family Division. You may also post it, or hand it in at a District Probate Registry. They will expect you to provide the following information regardless of method:

  • Virtual or actual Form PA8A
  • The full name and date of birth of the deceased
  • The last address of the person who died
  • A home address in England or Wales
  • The £20 probate caveat application fee

Probate caveats remain open for six months only. You can complete another form and pay a further £20 if you have a valid reason for renewing your status.

What Happens Next to Your Probate Caveat

You don’t have to tell anybody else about your probate caveat. The Family Division should tell the executor or the administrator. As for the rest, it is their duty to stay informed.

However, if any party disagrees with what you did, they can issue a ‘warning’ they don’t agree. In that case, you have to appear in Court within eight days to justify your caveat. If you don’t do so, then the executor or administrator can press for their grant of probate or letters of administration.

However, if you do appear, then the Court will try to resolve the dispute through compromise. We’ll end this post here. That’s because what happens in a deadlock is another story for another day.

Related

Filed Under: Probate Valuation Tagged With: District Probate Registry, extracting grant of probate, letters of administration, probate caveat, probate valuation

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Client Reviews

Patrick Macavoy
May 20, 2022
 by Patrick Macavoy on Avery Associates
A Seamless Experience

I had my late mother's flat to clear out. The contact with AA was a pleasure from day one, starting with the receptionist. Jeffrey then came out to look... Read More

Jenny Schon
Dec 3, 2021
 by Jenny Schon on Avery Associates
Well done

This truly is a 'one stop shop' for all things relating to Probate valuations and clearance. Jeffrey is a 'facilitator' and full marks to him for finding... Read More

Kevin Anderson
Oct 26, 2021
 by Kevin Anderson on Avery Associates
Fantastic and Reliable

Our aunt was a recluse and hoarder. She died leaving two properties in London that were dilapidated and completely hoarded. Unfortunately, because everything... Read More

It was a pleasure to assist Kevin

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