Fill out our contact form

_______________________________________________

Caveats: How to stop the administration of an Estate

Caveats: How to stop the administration of an Estate
December 22, 2020 Jessica Hubble

Male hand stopping dominoes from fallingIf you want to stop the administration of a family member’s Estate after they die, you can do so by lodging a Caveat with the Probate Registry.

There are many reasons why you may want to stop the administration of an Estate.  Some of the most common reasons include wanting to make a claim against an Estate; to question the validity of a Will; or you may believe that someone who is not entitled to apply for a Grant of Probate or Grant of Letters of Administration is going to try.  These outcomes can be stopped by lodging a Caveat.

A Caveat is a notice recorded against a Deceased person’s name which will stop the Probate Registry from processing a Probate Application for a 6-month period. A Caveat can be extended for another 6 months by making an additional application, or it can be removed. The advantage of stopping the Probate Application is that it provides additional time for a dispute to be resolved or for Court proceedings to be started, if necessary, so that the correct Executors can be appointed, or the correct Will can be propounded. It is much more difficult to do take contentious steps in respect of a Will once a Grant has been obtained.

It is important to obtain legal advice and assistance when lodging a Caveat to ensure it is done correctly and for the correct reasons. If a Caveat is put in place for the wrong reasons, and maintained, this may make the person responsible for the Caveat liable for legal costs if matters are taken to Court.

Jessica Hubble, Trainee SolicitorIf you would like to obtain legal advice following the passing of one of your relatives and you either disagree with how an Estate may be administered or if you would like to contest any element of a Deceased person’s Estate, then please contact Enoch Evans on 01922 720333 and one of our dedicated team will be able to help.