With an influx of estate disputes on the horizon due to the Covid-19 pandemic, it is important to remember key preliminary steps at the outset. You may not have heard of a ‘caveat’ and why it is so important to have one. Here we address some of the frequently asked questions about caveats.
What is a caveat and why do I need one?
In the majority of cases, a grant of probate (or grant of letters of administration if there is no will) is required to administer and distribute a deceased person’s estate. When you have a claim arising out of someone’s death, you will need time to consider and investigate the issues. You should seek assistance from a solicitor that specialises in estate disputes.
A caveat temporarily prevents a grant of probate from being obtained in a deceased person’s estate for six months. This allows you time to digest what has happened and seek legal advice without worrying that the estate assets will be distributed.
A caveat should only be used in certain circumstances. You should not use a caveat if you have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 as this will be considered an abuse of process. The most common reasons for entering a caveat include:
- Concerns about the validity of the deceased’s will;
- A belief that the personal representatives are incorrectly applying for the grant of probate; or
- A belief that the person applying for the grant of probate is not an appropriate person to administer the estate.
When and how should I apply for a caveat?
You can only apply for a caveat before the grant of probate is issued. If you do not act quickly, the personal representatives may obtain a grant to administer and distribute the estate. The more time that passes, the more difficult it may be to recover any assets that might be involved in your claim.
You can apply for the caveat yourself, by post or online. Alternatively, you can instruct a solicitor to do it for you. There is a minimal fee to enter a caveat. This has recently been reduced from £20 to £3.
I live in another country can I still apply for a caveat?
To be eligible to apply for a caveat, you must be 18 years old. You also need to have a home address in England and Wales.
If you live abroad, you can instruct a solicitor in England and Wales to enter a caveat on your behalf.
How do I renew a caveat?
You can renew a caveat within the last month before its expiry. This must be done by post and cannot currently be renewed online. You will also need to pay a further fee and the caveat will remain in place for another six months.
What should I do if I am a personal representative and cannot obtain a grant of probate because of a caveat?
Personal representatives can challenge a caveat by issuing a ‘warning’. The person who applied for the caveat will need to provide reasons why the caveat should remain in place. To do this, they must enter an ‘appearance’ within a short time limit to the Leeds District Probate Registry, otherwise the caveat will be removed.
If an appearance is submitted, then the caveat becomes permanent. The caveat cannot be removed without an agreement between the parties or involvement of the court.
There may be important tactical considerations to be had at this stage and you should seek legal advice to help guide you through the process.
How can you help me?
Our specialist team can advise you on all aspects of estate disputes, including whether a caveat is required and appropriate. We can enter it on your behalf so that if it is warned off, any correspondence comes direct to our firm to deal with. This is beneficial when trying to comply with the short time scales.
We act for both those pursuing claims against an estate and personal representatives faced with defending such claims. Please do not hesitate to contact us to discuss the specific circumstances of your case.
