Probate and Caveats
If you are unhappy with a will or maybe the executor has simply refused to provide a copy of the will, you can issue what is called a Caveat against an estate.
A Caveat simply prevents probate from being issued – nothing else and can be a very useful tool in ensuring a will is disclosed or preventing probate from being whilst further investigations are undertaken regarding a deceased’s persons estate.
Obtaining advice from a solicitor before issuing a Caveat is always sensible, as very often a Caveat may well not be the most appropriate procedure to prevent probate, an example of this would be if making a claim under the Inheritance Act 1975, In addition a Caveat entered unreasonably can result in a Warning being served against the person who has entered the Caveat.
A Caveat lasts for a period of some 6 months and is issued by the probate registry.
If you are an executor or administrator and have discovered that a caveat has been issued against an estate, please feel to call us on 0845 9011 686 or e-mail tim.murden@tmsolicitors.co.uk
