How to Enter a Caveat

If you wish to halt the issuance of a grant of representation, you’ll need to submit a ‘caveat.’ Prestige Tax and Trust Services explains how to enter a caveat.

Dealing with the will

If someone writes a will to detail what should happen to their estate when they die, they must appoint an executor. This person is responsible for ensuring the provisions set down in the will are carried out, however to do so they must apply for probate, giving them the legal right to carry out this duty.

This means that in most cases, the executor must apply for a grant of representation if they’re in England or Wales. They must apply for ‘Confirmation’ if they’re in Scotland, which provides roughly the same legal rights. What should you do if there’s confusion over who has the right to administer the estate, and someone else has already applied for a grant of representation?

What’s a caveat?

If you find yourself in this situation you’ll need to submit a ‘caveat.’ This will effectively stop a grant of representation from being issued for a period of six months. This will provide the relevant authorities with time to solve the dispute. You can only submit a caveat, however, if you’re over the age of 18.

You can submit a caveat yourself or through a solicitor, such as Prestige Tax and Trust Service’s probate team. After you submit a caveat, the executor who applied for the grant of representation can issue a ‘Warning’ if they believe you took this action on unreasonable grounds. This will require you to make what’s called an ‘appearance’ within eight days, to explain your grounds for entering the caveat.

How to enter

In order to enter a caveat you need to write to your local probate registry, and they will take it from there. Click here to find your local probate registry. There are several things that you must include with your submission. These are:

  • A £20 fee.
  • A home address in England or Wales.
  • The complete name, date of death, and last address of the person who’s passed away.
  • A signed application for a caveat (form PA8).

Prestige Tax and Trust Services

Probate law can often prove difficult to navigate. If you need help with probate issues, why don’t you let Prestige Tax and Trust Services lend a helping hand? Our specialist probate team has knowledge, skills, and experience necessary to ensure you receive a first-rate service.

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