If you are concerned about the validity of a Will, filing a Caveat with the Court can reduce the chances of Probate being granted before your concerns are dealt with. There are three main categories of Caveats, as the RMB Lawyers Wills & Estates & Disputed Wills division explains
When someone dies, the executor of the Will (in most cases) has to make an application to the Court for the granting of Probate - signalling that the Court has reviewed the executor’s application and considers the Will to be valid.
However, if someone (such as a member of the deceased family or someone expecting to receive a benefit from the Will) has doubts about the Will being valid, they should take action sooner rather than later, and before the executor files their application for Probate.
Usually, the first step is to file a Caveat with the Court. This provides the Court with formal notice that the person filing the Caveat (the caveator) believes the Will may be invalid, therefore reducing the chances of the Court granting Probate.
There are three types of Caveats – depending on the reasons that caveator believes the Will to be invalid:
General Caveat
Due to the Caveator believing the deceased person did not have the capacity or were under undue influence when they signed the Will.
Caveat concerning an Informal Testamentary Instrument
When the Will of the deceased is not “formally written” but is, for example, a scribbled note or email from the deceased that may be consider their Will.
Caveat requiring proof in Solemn Form
When the Caveator requires the witnesses to the Will to give evidence about how the deceased signed the Will if, for example, the caveator believes the Will is fraudulent.
After filing the Caveat, the caveator has some time to prepare their case and put forward evidence as to why they believe the Will is invalid.
The Caveat will only last for six months, so it is important for the caveator to promptly put forward their case to the Court.
Otherwise, the Court may still make the grant of Probate, therefore enabling the executor to proceed with administering the estate in accordance with the terms of the Will.
If you or your family have further questions about executors or your Will in general, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.