When a loved one dies, it can be an emotionally draining and difficult process. To make matters worse, the process of obtaining a grant of probate can sometimes become contentious; usually due to inheritance disputes. To stop a grant of probate being issued, you must first lodge a probate caveat. It must be delivered promptly, so it’s important to seek out legal advice as soon as possible.
Here at Van Eaton Solicitors in Streatham, we have years of experience in dealing with probate disputes and handling claims of invalid wills and inheritance concerns. If you are a family member or anyone else with relevant interest in the contents of a will; you may be able to make a successful claim with the help and guidance of our qualified solicitors. Read our article below to find out more about a probate caveat.
Purpose
The main purpose of a probate caveat is to stop a grant of probate from being issued. It needs to be given promptly to the probate registry once a person has died to get the process running efficiently and smoothly. There are many different reasons why someone would want to stop probate being granted; including the belief that a will may be invalid, for several possible reasons.
A caveat stays in place for six months but can be reviewed and renewed. When it comes to handling a deceased person’s estate, it can be a difficult process. There are potential claims under The Inheritance (Provision for Family and Dependants) Act 1975 which is why someone may want to stop a grant of probate, but there are certain rules that must be followed.
Why Would I Need One?
As previously mentioned, there are several reasons why someone may want to stop a grant of probate from being issued. The most common reasons fall under the Inheritance (Provision for Family and Dependants) Act 1975; in which a person may feel they have been unfairly left out of the deceased’s estate. It may leave them in financial detriment and seeking financial provisions. You must have a specific kind of relationship with the deceased to make a claim, which you can find more information about in our article here.
Other reasons may include suspicions concerning the validity of the will. Questions of whether the deceased possessed reasonable mental capacity at the time the will was drawn and witnessed, whether the deceased was under undue influence of another, or the will was forged, procedural requirements had not been followed, are all potential reasons why someone may want to lodge a caveat which would in effect stop the grant of probate being issued whilst the caveat is in place. In the six months that the caveat is active, it’s time to start gathering information and evidence relevant to your claim to be successful. Here at Van Eaton Solicitors in Streatham, we have experience in dealing with a range of probate and inheritance disputes. We can help assess your claim and compile your evidence ready for dispute resolution, and help you resolve your case as efficiently and effectively as possible.
How We Can Help With Inheritance Disputes
If you wish to lodge a caveat but aren’t sure where to start; our legal experts are fully qualified and experienced in handling probate disputes between families and relevant parties. We understand the emotional toll such a case can have on someone, allowing us to always handle your claim empathetically. We can help you lodge your caveat if you are unsure where to start, and we will guide you through the process every step of the way.
If you wish to discuss your probate or inheritance disputes further; please contact us today for a consultation by calling 0208 769 6739. Alternatively, you can fill out our online form here.