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Stopping Probate – Using a Caveat in a Will Claim


Applying for Caveat for Incorrectly executed wills

A Caveat stops the grant of probate or grant of letters and administration from being issued by the probate registry. A Caveat is a very valuable legal process in that it gives the caveator time to make inquiries as to whether there are grounds to contest a will and may be used in the following scenarios:-

(i) when a real concern regarding the validity of a will exists

(ii) the executor refuses to disclose a copy of a will

(iii) instances where will fraud or undue influence in a will is suspected

(iv) the entitlement of the individual applying to the Court maybe in dispute

(v) fears that assets could be disposed of contrary to the intentions of the will

How can a Caveat issued?

A caveat is issued by approaching the Leeds probate registry and making an application. The application must be supported by various items of supporting information as well a payment towards a Court fee. At WillClaim we can discuss the court fees further should you wish to instruct us to handle the Caveat

What are the steps after a Caveat is issued?

Once issued by the Probate registry, the Caveat prevents a grant of probate or grant of letters of administration being issued by the Court. The person applying for the caveat is known as the caveator.

How long can a Caveat remain in place?

A Caveat remains in force from six months from the date it is entered upon. In the month preceding expiry a period of extension for an additional six months can be made, subject to a further court.

 


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