With an increasing number of estate disputes it is not uncommon for people to turn to the use of a caveat to prevent the extraction of a grant.

The Ministry of Justice, for example, has previously reported that the number of caveat applications made in 2023 surpassed the 10,000 mark.

With this level of caveat applications what is the purpose of a caveat you may ask and when is it appropriate (or not) to enter a caveat to stop a grant being extracted.

What is a Caveat?

The entering of a caveat has the effect of preventing a Grant of Probate (in circumstances where there is a Will) or a Grant of Letters of Administration (where there is not a Will) from being obtained in relation to an estate.

The procedure for entering a caveat is relatively straightforward and can be made by a person (the caveator) lodging the appropriate application at the probate registry and paying the relevant fee.

Once entered, a caveat will remain in effect for six months from the date of entry with the option to renew every six months otherwise it will automatically expire. Until a caveat is removed a grant cannot be obtained.

When is it appropriate to enter a Caveat?

It is not appropriate in all circumstances to enter a caveat and entering a caveat where it is inappropriate to do so can potentially have serious cost consequences.

The purpose of a caveat is to allow a party time to investigate their claim to challenge an application for a grant. It is not unusual, therefore, for a caveat to be entered in circumstances where the validity of a Will is in question.

A caveat can also be used where there is a dispute about who can apply for the grant.

It is not appropriate, however, to enter a caveat where a person is unhappy with the contents of a Will yet is it is not uncommon to see people to use caveats in these types of cases.

In these types of cases the appropriate route would be a claim under the Inheritance (Provision for Family and Dependants) Act 1975 and a standing search should be used to warn you when a grant has been issued because there is a time limit to bring such a claim.

How to deal with a Caveat

If you are aware that a caveat has been entered what can you do?

If a dispute arises over the use of a caveat, then it is possible for an interested to apply to have the caveat ‘warned off’.

Once a warning has been served on the caveator they will need to make a decision and have several options available to them.

If they are content for the caveat to be removed, they can notify the probate registry to ask for the caveat to be removed and it should be.

If they oppose the removal of the caveat, they can enter what is known as an ‘appearance’. This step should not be undertaken lightly because by taking this step the caveat is then made permanent with the consequence that it can only be removed by way of a court order (unless the parties agree).

Alternatively, if the issue is with the person entitled to take the grant, the caveator can apply to the Court for directions.

If no steps are taken and the 14 days lapses then the caveat can be removed.

How Colman Coyle can assist

Entering a caveat may, at first blush, seem relatively simple and given the number of applications made one may be forgiven for thinking that it is the correct thing to do when a dispute arises.

However, entering a caveat is not straightforward and careful thought needs to be applied to whether it is the appropriate step.

If a caveat is entered in circumstances where is it is not appropriate to do so and upon receipt of a warning you refuse to remove it then costs consequences can follow which may be considerable.

At Colman Coyle we have the expertise to help resolve estate related disputes and we understand the need to want to act quickly. If you are currently involved in a dispute and you are considering entering a caveat or you have already entered a caveat and have received a warning which you would like to discuss you should not hesitate to contact a member of our experienced private client team.

Please contact either Mr Adam Palmer or Patrick Green who would be happy to discuss your issues with you at adam.palmer@colmancoyle.com or patrick.green@colmancoyle.com  . Alternatively, please call us on 020 7354 3000.