Our previous blog discussed the use of caveats when there is a dispute over the validity of a Will.
Once registered at the probate registry and the caveat is in place, this prevents the issuing of a grant and the administration of the estate. This process holds up any progress being made in respect of the deceased’s estate.
How can I remove a caveat?
Once a caveat has been registered it can only be removed in the following ways:
- The person that lodged the caveat failing to respond to a warning served on them;
- The withdrawal of the caveat by the caveator;
- An order of a district judge, registrar, or High Court Judge; or
- The expiration of six months from the date of entry or effective extension of the caveat, subject to there having been no further extension sought.
Where a person believes that there is no reason for preventing a grant from being issued, they can enter a warning to the caveat. To issue a warning, Form 4 should be completed and submitted to the Leeds District Probate Registry.
When submitting the warning to Leeds District Probate Registry, no fee is required. Once received, the Registry will record the warning, stamp it with the Court stamp, and return a copy to you. A copy of the warning including the Court seal must then be served on the caveator. This document can be served personally, by post, or by document exchange.
The warning acts as a notice to the caveator and provides 14 days including the day of service to:
- Lodge an appearance setting out their contrary interest in the deceased’s estate, or
- Where they have no contrary interest but object to the sealing of the grant, to issue and service a summons for directions.
Upon receipt of the warning, the caveator can also choose to do nothing (i.e. not make an appearance) or withdraw the caveat.
If the caveator chooses to do nothing, the person who served the warning can file an affidavit/witness statement as to service of the warning. The caveat entered at the Registry will then cease and the issuing of a grant will follow, where a probate application has already been made. This will then allow administration of the estate to follow.
Where an appearance is made within 14 days, a grant cannot be issued without an order of the Court. The appearance will be served on the person who lodged the warning. At this stage, the caveator and the person who lodged the warning, may negotiate and reach an agreement. Upon agreement, a summons for discontinuance of the caveat will be issued for an order to be made by a registrar or district judge. If no agreement can be reached one party will usually issue a probate claim.
How can we help?
Faye Henderson is a Trainee Solicitor at Nelsons.
For further information on the subjects discussed in this article or any related topics, please contact a member of our Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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