Can I stop a grant of probate?

11/05/19

Sometimes family members want extra time to fully investigate the circumstances surrounding who can apply for probate or whether a will exists. If such circumstances arise you can stop a probate application by ‘entering a caveat’ which will prevent anyone from obtaining a grant of probate for that person’s estate, which would then give them the power to begin administering the estate.

Typical grounds for issuing a caveat with the following concerns:-

               there is a later Will

               the person maybe applying for probate is not the right person

               the will was invalid due to the testator having a lack of capacity

               the will was made under undue influence

A caveat should not be used if a claim for reasonable financial provision is to be made against the estate

It costs £20 to enter a caveat, lasts for 6 months and can be renewed.

 

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