How to remove a caveat on probate UK
Losing a loved one is painful, but things get worse when there is a dispute over their will. Other parties may caveat the will, preventing what should essentially be a smooth probate. This article teaches how to remove a caveat on probate UK based.
What is probate?
Probate is the legal process that gives recognition to a will and gives a personal representative the right to deal with the deceased estate. One needs the <a href=”https://www.gov.uk/applying-for-probate”>legal right to handle a deceased person’s property</a>. Such handling entails organising the deceased’s money, assets, and possessions, and paying all debts and taxes before distributing the remainder as an inheritance. Typically, a will guides such distribution, and the person with probate rights is the executor of the will. A grant of probate is the legal document bearing the right to probate.
What is a caveat on probate?
A caveat is a document filed at the Probate Registry that prevents a grant of probate to a proposed executor of the will. This caveat lasts for <a href=”https://www.gov.uk/stop-probate-application”>six months</a>, after which the applicant can re-apply.
Entering a caveat against a deceased’s estate usually sparks controversy and forces parties involved to contest a will. Each party feels aggrieved and their rights infringed upon, further escalating the situation. Worse, the party that files the caveat is under no legal obligation to inform anyone of their actions. As such, the proposed executor learns of this when their application for the right of probate is rejected.
How to remove a caveat on probate UK
While it may seem malicious, there are valid reasons to place a caveat on probate. However, the proposed executor has to try and carry out the deceased’s wishes. As such, here are the executor’s options:
The caveator may change their mind
Once the party that placed the caveat is satisfied that there is no foul play or other reasons that motivated their actions in the first place, they can write to the Probate Registry and drop the caveat. The proposed executor can then apply for a grant of probate.
The proposed executor or a beneficiary under the will can issue a warning
As parties of interest in the deceased’s estate, either entity has the right to ask the caveator to withdraw the caveat. If the caveator refuses, they can issue a warning at the Probate Registry, which is then served to the caveator. The caveator must respond within eight days through an appearance or issuing a summons for directions. Failing to use either option nullifies the caveat.
By consent or court order after an appearance
Should the caveator choose the appearance option, then the caveat can only be removed if both parties consent to the decision or through a court order. This is the common option of the two, where the caveator presents before the court reasons for placing the caveat.
By appointment of a grant application through a court summon for direction
If the caveator goes with the summons for direction option, there will be a hearing before a District Judge or Registrar to determine who should rightfully apply for a grant of probate. This is usually the case where the caveat was placed contesting the choice of executor.
Conclusion
The complexities and time limitations of such proceedings necessitate hiring expert legal services. Therefore, you need to get in touch to arrange a <a href=”https://www.willclaim.com/free-claim-assessment”>free claim assessment</a>, and we can explain how to remove a caveat on probate UK based in more detail.