Caveats

Protecting your rights with a caveat in estate administration

Finding out that someone is applying for a Grant of Probate can be worrying if you believe something is wrong with a will or the way an estate is being dealt with. You may be concerned that an invalid will is about to be acted upon, that someone is taking control of the estate when they should not, or that assets could be distributed before your concerns have been properly investigated.

A caveat can provide valuable breathing space. It can temporarily prevent a Grant of Probate or Grant of Letters of Administration from being issued while concerns about the estate are investigated. This can give you time to establish what has happened, obtain relevant information and decide what action should be taken.

You may have concerns about:

• whether the deceased had the mental capacity to make their will;
• whether they were pressured or unduly influenced;
• whether they understood and approved the will;
• whether a later will exists; or
• whether the person applying for the Grant should be dealing with the estate.

You may not have all the answers yet. If something about the circumstances does not feel right, taking advice early can help you understand your options before the estate progresses further.

At Ellis-Fermor & Negus, we advise both people considering entering a caveat and executors or administrators responding to one. We understand that these disputes are rarely just about paperwork. They can involve grief, difficult family relationships and strong concerns about whether a loved one’s wishes are genuinely being respected.

We will listen to what has happened, understand what you are worried about and explain what you can do next. If there are wider concerns about the validity of a will, we can advise on those too.

Our aim is to help protect your position while keeping the dispute proportionate and focused on resolution.