How do I stop a Grant of Probate?

If you believe you may have grounds to contest a Will or you have concerns about the suitability of an individual to administer an estate, it is important to ensure that the proposed personal representative of the estate does not obtain a Grant of Probate or, where there is no Will, a Grant of Letters of Administration.  

Once a Grant is issued, a personal representative can begin to administer the estate of the Deceased, settle liabilities and, ultimately, distribute the residuary estate to the beneficiaries even if you are still investigating whether you have grounds to bring a claim. It is therefore vital to preserve the estate while investigations are ongoing and before a claim has been resolved

Caveat

A Caveat is a formal notice lodged at the Probate Registry which prevents a Grant from being issued. A Caveat lasts for an initial period of six months but can be renewed for subsequent six-month periods until it is no longer required. There is a fee of £3 for lodging a Caveat and a further fee of £3 for each extension.

A Caveat should only be maintained if there is a genuine dispute regarding the validity of the Will or the suitability of the personal representative. It is not the appropriate step to take if you have a claim for financial provision from the estate or if you simply disagree with the contents of the Will or the division of the estate. You must also have an interest in the estate to be entitled to lodge a Caveat. If a Caveat is lodged vexatiously, or there is no genuine dispute, the beneficiaries under the disputed Will may be able to get the Caveat removed and you may face adverse costs consequences.

How can a Caveat be removed?

A Caveat can be removed voluntarily; however, if you want to challenge the Caveat, you will need to lodge a Warning at the Probate Registry. Once the Warning has been sealed by the Probate Registry, it is served on the person who lodged the Caveat (the Caveator).

Once the Caveator receives the sealed Warning, they can:

• enter an Appearance
• issue a Summons for Directions
• do nothing
• withdraw the Caveat.

Appearance

If the Caveator serves an Appearance the Caveat becomes permanent and cannot be removed without an order of the Court or with the agreement of all interested parties.

Summons for Directions

If the Caveator does not dispute the validity of the Will but objects to a Grant being issued on other grounds (for example, because they believe someone else has a better entitlement to take out a Grant), they can issue a Summons for Directions at the Probate Registry asking for directions as to how the dispute should be resolved.

A Directions hearing will usually be listed, and a District Judge or Registrar will consider the available evidence and determine how matters should proceed, including whether the Caveat should be removed or whether a probate claim should be commenced.

Non-Appearance

If the Caveator does not enter an Appearance or issue a Summons for Directions, the person entering the Warning can file a statement of service at the Leeds District Probate and request the removal of the Caveat.

The Birketts view

Each case will turn on its own facts. Whether you want to contest a Will, or you are facing a claim in relation to an estate in which you have an interest, it is important to seek legal advice as soon as possible to ensure you know where you stand, understand your options and can make an informed decision as to the best course of action. Our specialist private wealth disputes team can help guide you and can offer expert advice and assistance.