Probate – Caveats

Caveats – Challenge and Warning


How to challenge a caveat ?

If you are trying to apply for a Grant of Probate, and are informed by the Probate Registry that someone has entered a caveat, you can take steps to try and have it removed. You will not be able to obtain a Grant of Probate, or administer the estate, until the caveat is removed.

To challenge the caveat, you have to send a ‘warning’ to the Probate Registry.


What to do if you receive a warning ?

If you (caveator) have applied for a caveat, you may at some point receive a ‘warning’. You have 8 days to respond to the ‘warning’. Failing to respond will have the caveat removed.


Costs implication

If there is no agreement reached between the caveator and caveatee, the question of costs may arise and there is possibility that one party can become liable to pay not only his own costs but those of the other party as well.

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