This is a collection of key contentious trusts and estates precedents.
See Practice Note: Fast find key contentious trusts and estates precedents.
A caveat is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry.
Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate.
By lodging a caveat, the caveator will be notified of an application for a grant and given the opportunity to object to the issue of a grant.
Once a caveat has been entered, the onus moves to those seeking to prove the Will to take action to remove the caveat, as it prevents a grant being issued until the caveat has been removed.
See Practice Note: Probate actions—caveats.
This Practice Note provides links to Q&As on caveats. These Q&As explain how the procedure works in practice. New Q&As are added on an ongoing basis.
See...
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What is the procedure to remove a caveat?A caveat is effective for six months. It can be extended on an ongoing basis for six months at a time. If the caveat is not renewed it will expire and any interested party is free to extract a grant.Withdrawal of caveatA caveat can be withdrawn at any time
Where an executor has requested a copy of the Will file from the deceased's solicitor are they entitled to hold back attendance notes, particularly where those attendance notes record the instructions given for the Will?Entitlement to the WillThe executors named in the last Will of the deceased are
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