Challenging A Will – Caveats

If you are considering challenging the validity of a Will, you may wish to consider issuing a caveat.

Matthew Whipp, Senior Associate in our Private Wealth Disputes team, highlights the various steps to take and pitfalls to avoid.

What is a caveat?

A caveat prevents a grant of probate being issued, until the caveat is removed. If a grant of probate is prevented by a caveat, the estate cannot be administered, nor assets distributed.

When is it appropriate to use a caveat?

A caveat can be used in circumstances where you doubt the validity of the deceased's Will, or you suspect the person applying for the grant of probate is unsuitable.

It is not usually appropriate to use a caveat where you simply wish to challenge the Estate because you are not happy with what you have been left in a Will. An example would be an application for reasonable financial provision from the Estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.