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HELPLINE 0870 185 1840




PROBATE CAVEAT - UK CONTESTED WILLS



Probate Caveat. ~ A probate caveat is a written notice to the Probate Registry, the intention of which is to prevent a grant of probate from being issued to a third party without warning being transmitted to the person who filed the notice and thereby entered the caveat. The person who benefits from the probate caveat is known as a caveator and they must, within 8 days of receiving notice of a third parties intentions to obtain a grant of probate in their favour, take legal action otherwise the caveat ceases to have effect. This means that the person who files the application may effectively obtain extra time to make enquiries and to obtain such information to determine whether or not there may be sufficient grounds to oppose the issue of grant of probate in a court of law, in favour of any particular person. A probate caveat must be filed before the day that an application for grant of probate is received or it will be of no effect and once granted a caveat lasts for 6 months whereupon it must be renewed. Extreme care must be taken to ensure that the deceased exact name is used in the application for a caveat.


Injunctions. ~ In disputed will cases it is not always appropriate to lodge a caveat and it may simply be necessary to take action against the estate by issuing legal proceedings in the probate court after a grant of probate has been issued. It may in certain circumstances be necessary to issue an injunction against the executors of the estate. An injunction is an equitable remedy whereby the court can order a particular person to either do, or refrain from doing certain acts which in these cases can include a bar on the distribution of money or property until such time as the legal issues are resolved. Breach of an injunction can be a serious offence that may carry both civil and criminal liability and penalty including imprisonment for contempt of court.


Probate Solicitors and Contentious Cases. ~ Searching for a solicitor is no small task in and of itself. The task grows more difficult when you are trying to find a lawyer with in-depth experience with both contested wills and contentious probate. In the UK, solicitors tend to fall into two different categories. One category is solicitors who do court work. The other is composed of solicitors who don’t do court work. Not often do you find one lawyer that fits into both categories. Despite the mindset that a solicitor has to be one or the other, certain legal situations can arise where you need someone who possesses both skill sets.


Litigation Experience ~ Typically, a lawyer whose work centers on wills and probate seldom has the need to resort to civil courts. When such an instant does arise, the case will usually be handled by the firm’s litigation department. This is not, however, an entirely satisfactory solution to the problem. A firm’s litigation department is unlikely to have significant experience with wills and probate. Business disputes and traffic accidents are more their areas of focus. In order to gain courtroom experience, you’ve had to sacrifice experience in the relevant areas of law. Rarely can you find a solicitor in the UK who possesses experience with contentious probate and will contests as well as significant experience with settling disputes in court. Such skill sets are often mutually exclusive among solicitors. Yet, both areas of expertise are critical when litigation related to probate or wills arises. It would be an enormous risk to simply select a high profile lawyer without regard to their knowledge of the field. That is where we come in. Our firm offers a highly specialised service. We’re a small, select team of solicitors with experience both in the law of probate and wills as well as courtroom work. You can contact us today for free advice on any matters related to probate and will contests. Simply fill out our contact form or call us on our helpline. One of our knowledgeable solicitors will contact you to discuss your legal needs. This initial consultation is free of charge, and you’re under no further obligations.




HELPLINE 0870 185 1840