A grant of probate can be refused if a caveat has been placed on the estate. The caveat is valid for six months, and there is a small fee associated with it. A caveat may be extended after this time for an extra fee. You or your solicitor can explore your possible claims during this period. In this article, can probate be refused, we take a look at these issues in more depth.
Please click here to find out more about our Wills and Probate services
Free Initial Telephone Discussion
For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of wills and probate, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Under what circumstances can a will be contested?
Problems with the will
A properly crafted will that names executors to handle the estate and when the whereabouts of the will are known make the Probate process much simpler. This can lower the possibility of disagreements, especially from those who aren’t satisfied with the will’s provisions.
Homemade or DIY wills frequently run into issues. These wills, in our experience, frequently spark distrust among family members. These wills frequently contain unclear language, which can result in a disagreement and expensive legal fees associated with trying to read the will.
In some cases, the executor is not duly named in the will. The question of whether the will has been properly executed is more frequently raised (i.e. correctly signed and witnessed). In this regard, the formal requirements are fairly detailed. If so, it is important to get testimony from the will’s witnesses in order to demonstrate that it was properly executed.
There is occasionally a notion that a deceased person left a will, even though it has not been located. In this situation, a will search can be done and the proper inquiries can be made with local banks and solicitors.
The Probate Registry is likely to allow a copy of the will to be relied upon for obtaining the award of probate if a copy of a will but not the original can be obtained, provided that it is supported by the necessary proof and the approval of those who may be negatively impacted. However, getting this proof from one or both witnesses and waiting for the Probate Registry to review the application will take time. It will also rely on how individuals who may be negatively impacted by the will choose to respond.
Death of the Personal Representative or Executor
When the first personal representative passes away either before or after obtaining a grant, problems may occur. The executor of the decedent’s estate should assume the position of executor in this situation as a first step. The chain of representation refers to this.
The next person eligible to receive a grant will follow the priority sequence established by the rules of intestacy in cases where the deceased person’s personal representative was appointed in accordance with those rules.
There is occasionally a notion that a deceased person left a will, even though it has not been located. In this situation, a will search can be done and the proper inquiries can be made with local banks and solicitors.
The Probate Registry is likely to allow a copy of the will to be relied on for obtaining the award of probate if a copy of a will but not the original can be obtained, provided that it is supported by the necessary proof and the approval of those who may be negatively impacted. However, getting this proof from one or both witnesses and waiting for the Probate Registry to review the application will take time. It will also rely on how individuals who may be negatively impacted by the will choose to respond.
Who are the heirs?
The laws of intestacy must be obeyed if there is no will. This will be less of a problem if the surviving spouse or children are the next of kin.
However, finding the family can be challenging in some situations. The necessary certificates, such as birth, marriage, or death certificates, must be produced when relatives need to be located in order to prove their family ties. The relevant paperwork must be obtained in order to confirm that the personal representative who is requesting to take out the Grant is the one who is authorised to do so, even if the majority of this work will be done after the grant of representation has been secured.
How do caveats function and what do they mean?
A Caveat prevents the Executor(s) or Administrator(s) from getting a Grant of Probate or Letters of Administration and from dividing the Estate. The Grant of Probate or Letters of Administration is the legal document that enables the Executor or Administrator to prove their authority to manage the decedent’s assets. While a caveat is in force, the assets of an estate cannot be distributed, a process known as estate administration.
Only if you genuinely want to prevent an Executor or Administrator from obtaining the Grant should you utilise a Caveat. There has to be more to it than simply disliking the terms of the decedent’s Will.
Reasons for including a caveat
Only those having good cause to contest the validity of a will should submit a caveat. A caveat cannot be filed because of a claim made against an estate.
Consider including a proviso if you don’t think the deceased’s last will was truly their last will, if you think the will is invalid for any reason, or if an intestacy is being sought and you think a will had been made.
Who can apply for a caveat?
To submit an application for a caveat, you must be at least 18 years old. When applying, you have three choices: on your own, through a solicitor, or through a certified probate specialist.
You can decide to apply for a caveat if you have a stake in an estate and believe there is a strong argument to be made against a will or an intestacy.
Can a caveat be removed?
You must issue a warning before removing a caveat. To do this, the caveator must make an “appearance” or legally declare their claim to the decedent’s inheritance. The restriction will be lifted if no request for an appearance is made within 8 days.
Once an appearance is made, the proviso is put into effect and cannot be removed until the case is settled with the court’s approval. The first thing to do after learning that a caveat prohibiting probate and delaying the administration of the estate has been issued is to always seek legal advice from a professional before entering a warning or an appearance.
Whatever the issue, attorneys may provide families with rapid, reasonably priced advice to assist them in resolving it as quickly as possible so that the probate process can begin.
Are there time limits to contest a will?
According to the type of claim and the specific facts of a case, time limits in contested probate proceedings can vary, but as a general rule, the following significant time constraints are important to be aware of:
Beneficiary bringing a claim against an estate – twelve years after the date of death.
Inheritance Act demand for financial provision from an estate – six months after the date of grant of probate.
Committing fraud or suing an executor for misappropriating estate funds – there is no time limit.
It is very important to get prompt assistance in order to avoid missing deadlines because, if one is missed, the chance to file a claim may be permanently gone.
How we can help
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
Deciding when (or whether) to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of probate being refused. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
Comments are closed.
