How can I remove a Caveat?14/05/19
If you are applying for a grant and are informed that it cannot be issued because someone has entered a caveat you can take steps to have it removed. Until the caveat is removed you will not be able to obtain a grant and deal with the estate.
WHAT IS A CAVEAT?
A caveat is a document that is filed in court to prevent the proposed executors or administrators of a deceased person's estate from getting permission to administer the estate assets.
Caveats expire after 6 months so it will lapse automatically unless the person who entered it reapplies (which they can do).
REMOVING A CAVEAT
The first step to removing a caveat is you have to send a "warning" to the person who entered the caveat. It is a specific form which must first be sent to Leeds District Probate Registry for issuing and then is forward on to the individual. There is no fee for the warning.
Within fourteen days or receiving the "warning" they will have to enter an "appearance" at the Probate Registry if they think the caveat should remain in place. 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 then, after confirming the person has received the warning, theiir 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.
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