Can I remove a Caveat?

14/05/19

If you are applying for a grant of probate and are informed that it cannot be issued because someone has entered a caveat you can take steps to try and have it removed. Until the caveat is removed you will not be able to obtain a grant of probate.

To challenge the caveat, you have to send a "warning" which is a document that will be sent to the person who entered the caveat. There is no fee for the warning.

For their caveat to remain in place, within eight days they will have to enter an "appearance" at the Probate Registry. This is a further document sent to the probate registry explaining the reasons why a caveat has been entered.

If the "appearance" is not sent to the Probate Registry their caveat will be removed and the grant can be issued.

If an "appearance" is sent then the caveat will remain in place. The only way for it to then be removed is for both you and your opponent to both consent to its removal. If you cannot reach an agreement, then you will have to start court proceedings to have it removed.

If you cannot come to an agreement with the person who applied for the caveat, you should seek legal advice because there is a possibility that you could become liable to pay not only your own costs but those of the other person as well.

Any Questions?
Get in touch with us today
with any enquiries
Contact us
Solicitors Regulation Authority, SFE (Solicitors for the Elderly) Accredited, Lexcel Legal Practice Quality Mark - Law Society Accredited