![THE CAVEAT](https://chadlaw.dnsupdate.co.uk/wp-content/themes/Chadwick%20Lawrence/images/default-media-hub-header.jpg)
09
May 2016
THE CAVEAT
By a Grant of Probate the Will of a deceased person becomes a public document and an executor is given authority to administer the deceased’s estate in accordance with the terms of the Will.
If there is doubt as to the validity of the Will and / or the suitability of the executor to act, a person interested in the deceased’s estate can endeavour to prevent a Grant of Probate by entering a Caveat. As the earliest date upon which a Grant of Probate can be obtained is seven days after the death of the deceased, delay should be avoided.
A Caveat is effective for six months and can be renewed indefinitely. If those seeking to prove the deceased’s Will believe that there is no real reason for preventing a Grant of Probate, they may enter a warning to the Caveat. If the Caveator then enters an appearance by stating his case, the Caveat becomes permanent pending further order of the court.
The Caveat provides a prospective claimant with a breathing space to make enquiries; prevents the administration of the estate to his prejudice; and, in the absence of his own claim, seeks to make those who want to prove the Will’s validity do so by providing evidence in court that can then subject to challenge.
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