Caveats and Inheritance Disputes

My clients are often surprised when I explain to them the system we have in English Law, where anybody can enter a caveat online and stop an estate from being administered. The £3 fee that must be paid is hardly a deterrent!

I act for both estates where someone is trying to obtain a Grant (the document that gives them legal authority to deal with the estate) and also for disappointed beneficiaries who may want to challenge the validity of a will.

Purpose of a Caveat

When a person lodges a caveat, it is usually to prevent the Grant from being issued. A person would lodge a caveat if they were concerned about the validity of the Will or if they believe there is a later will that they are looking for.

Another reason why a caveat may be lodged is if the beneficiaries are concerned about the executors that have been appointed.

No Grant can be issued with a caveat in place.

When obtaining the caveat, a person doesn’t have to provide any reasons to the Probate Registry. They just pay a £3 fee and give the name and address of the deceased.

Warning Off and Entering an Appearance.

The Probate Registry will inform the person trying to apply for a Grant if a caveat has been lodged. The person can choose to challenge the caveat by issuing a warning off notice.

If a Warning Off notice is received by the person taking out the caveat they have 14 days to “enter an appearance” which is a form they lodge confirming they want to keep the caveat in place.

If an appearance has been entered, no Grant can be issued without a Judge ruling on the matter, even if the parties all reach an agreement.  As a result, entering an appearance will always increase the costs of obtaining a Grant.

It is an easy “no risk” decision to take out a caveat but the decision to enter an appearance needs careful consideration because the party entering the appearance could be ordered to pay the legal costs of the estate if they lose their challenge.

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