How Do I Stop a Probate Application?

INTRODUCTION

Probate is the term used to describe the critical legal and financial process for managing a deceased person's assets (inc., money, property, and other possessions).

Sometimes, circumstances arise when the Probate process needs to be stopped. This happens when there are concerns about the validity of a deceased individual's Will or the Probate application itself.

This article outlines the process required to stop a Probate application, explains the steps required for entering a caveat, the effects of such a step, and what actions to take in different scenarios. 

STOPPING A PROBATE - ENTERING A CAVEAT

The first step is to register at Caveat at the Probate Registry.

You should only register a caveat if you have strong reason to believe that:

• The Will is invalid due to lack of testamentary capacity, undue influence, fraud, coercion, or improper execution.

• The deceased person died without a Will, and a dispute arises about who has the authority to handle estate administration.

• There are valid concerns that the nominated administrator or Executor will not handle the Estate professionally.
  

• A claim against the Estate has arisen, which must be resolved before Probate is granted.

You should NOT enter a caveat if:

• Your suspicions are unfounded, and the dispute is found not to be legitimate.

• Any disagreements are considered minor and fall outside the scope of having a serious concern about the validity of a Will or the appropriateness of the Administrator or Executor.

• The application is viewed as a method of debt recovery (there are other methods for this).

• It's considered in any way a delay tactic.

WHAT EFFECT DOES A CAVEAT HAVE?

• a Grant of Probate being issued in the deceased person's estate.

• the Executor of the Estate from administering and distributing the deceased person's estate.

WHAT HAPPENS IF A GRANT OF PROBATE HAS ALREADY BEEN ISSUED?

• It's important to note that a Caveat prevents a Grant of Probate or Letter of Administration from being issued.

• If either of these documents has been granted, then the Executor or Administrator has the authority to commence the estate administration process.

• A Caveat will, therefore, not impact the estate administration process.

• If it's found that a Grant of Probate was based on a Will that is later proven invalid or somebody obtained a Grant of Probate through fraud, then the Court can revoke the Grant of Probate.

• Sometimes, valid concerns about the estate administration process after a Grant of Probate still remain, such as the validity of the Will or concerns about the Executor or Administrator. In this case, you can pursue other legal avenues, such as contesting the Will or raising your concerns with the Court.

• However, you should note that any delay in bringing a claim for a contested Will renders your case more difficult to pursue, so time is of the essence here.

HOW DO I STOP PROBATE?

• Be Absolutely Clear: Read the first section above carefully, which outlines when and when you should not enter a Caveat.

• Apply to Enter a Caveat: If you wish to enter a Caveat personally, you can lodge the application form PA8A at the Probate Registry, either online or by post. There is a nominal fee of £3.

HOW LONG DOES A CAVEAT REMAIN IN PLACE?

• A Caveat remains in place for six months. It can also be renewed once it expires.

• We advise you to use the time available to investigate your claim correctly and resolve any outstanding concerns during this window.

CAN A CAVEAT BE REMOVED?

• Yes. Even though a Caveat remains in place for six months, the Executor or Estate administrator can challenge the Caveat by issuing a warning through the Probate Registry.

• There is no fee for this.

• The individual who lodged the Caveat then has 14 days to respond by entering an appearance.

• If the individual entering the Caveat enters an appearance, the Caveat remains in place until the dispute is resolved through a court order or mutual agreement.

• If the individual entering the Caveat doesn't enter an appearance, the Caveat can be removed after an Affidavit of Service has been lodged.

Need to know more?

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