Entering a Caveat to raise your concerns
In the emotionally charged period following the death of a loved one, you may become aware of circumstances that make you concerned about the contents of their will – but what can you do? In our blog we look at some of the practical steps you can take, including entering a caveat on the Probate Registry.
Moving quickly is vital
You may have concerns about the way a will was drawn up – perhaps you think the person who made the will – the Testator – was bullied into leaving his or property in a particular way, or did not know what he was doing when he made the will. Perhaps you have been included in the will, but feel that you have not been left a reasonable amount. Whatever your reasons for challenging the will – be it that you wish to challenge the validity of the will itself, or simply challenge the way the Testator’s assets will be distributed, it’s vital to move quickly.
Time limits – and the question of evidence
If you want to challenge the amount of money or property you have been left, by bringing a claim under the Inheritance Act, there are certain time limits you must stick to, otherwise you will have left it too late to bring a claim before the courts.
If you are challenging the validity of the will itself – for example because you think the Testator did not know what he or she was doing, or properly understand the contents of the will – or because he was made to make his will in a particular way – there is no specific time limit to bring the claim before the courts. However, you need to bear in mind that the longer you leave it before taking action, the harder it will be to gather strong evidence to support your claim. In these types of cases, evidence from people who knew the Testator will often be vital – and as time goes on, memories fade, and the people you need may themselves pass away. This means you will be left without the evidence you need to prove your case.
Entering a Caveat
If you are intending to challenge the validity of a will, one step that is very important to take before you do anything else is to enter a Caveat with the Probate registry. This is the official way to flag up your concerns about the will. Once you have entered a Caveat, a Grant of Probate cannot be made. This means you can bring your claim to challenge the will before the Testator’s estate has been distributed.
Some points to bear in mind about entering a caveat
- You can enter a caveat without a solicitor
- The process to enter a caveat simply requires you to contact your local Probate Registry with the full details of the Testator – full names and details of his death. It currently costs £20 to enter a caveat, and you must make an application using form PA8A. More details can be found on the Government website
- A caveat lasts for 6 months – you may need to renew the caveat if you have not resolved your claim by then
- You can withdraw a caveat at any time
- Someone else who wants probate to go ahead can issue a ‘warning’ to remove the caveat. If this happens you will be notified and you will have 8 days to respond.
- If you are planning a claim under the Inheritance Act, you shouldn’t enter a caveat – rather enter a ‘standing search’ so that you will be notified once Probate has been granted and the 6 month period for bringing your claim starts to run.
Even if you have entered a caveat without legal advice, it’s vital that you gather together any evidence you have that the will in question is invalid. You should seek specialist legal advice about the strength of your claim and any additional evidence that you will need to try and obtain to strengthen your chances of success. We offer a free claim assessment for people considering bringing a challenge to a will – why not get in touch?