Preventing a Grant of Probate or Letters of Administration and stopping inheritance being distributed

It is possible to stop the distribution of inheritance to beneficiaries should you wish to make a claim against the deceased’s estate.

In order to do so however, you must act promptly.

The first step is to create a document called a Caveat. A Caveat sets out the details of the person who has passed away and the date of their death. This helps the Probate Registry identify the relevant estate. The form has a prescribed form and when sent to the Probate Registry it must be accompanied by the appropriate fee. 

If a Caveat is lodged with the Probate Registry before the application for a Grant of Probate or Letters of Administration has been filed, it prevents the issue of the Grant or Letters of Administration. The Personal Representatives will not be able to collect the assets of the estate together or sell any of the deceased’s properties until the Caveat has been removed.

A Caveat is only in place for a 6 month period although it is possible to renew it.  During the 6 month period, this time should be used to investigate and present any claim.

The Caveat can be removed by a Personal Representative.  In order to make this challenge, the Personal Representative lodges what is called a Warning at the Probate Registry.  No fee is required to do this.

The Warning is sent to the person who entered the Caveat and they in turn have a short period of time to respond.  This is called “entering an Appearance” at the Probate Registry. 

If there is a failure to enter an Appearance, an Affidavit of Service of the Warning is lodged with the Probate Registry and the Caveat will then be removed enabling the Personal Representative to apply it for a Grant. 

If however an Appearance is entered, the Caveat remains in place until the issues are resolved and the Caveat removed by consent between the parties or by Order of the Court. In many cases it is removed by consent once substantive issues are resolved or agreed.

The Appearance sets out to the Court why the objection has been raised and also the interest the Caveator (the person filing the Caveat) has in the estate along with the reasons why the Caveat has been lodged.  The reasons for lodging it must be valid and not vindictive.

A failure to send an Appearance at the correct time or at all is likely to lead to the Grant of Representation being allowed to proceed. It is important that the Appearance covers all the relevant issues as this too may result in the Caveat being set aside and the Grant being issued.

If you wish to challenge a Will or indeed review the distribution of inheritance, it is important to obtain advice early.

For further information in relating to an inheritance dispute, contact Maninder and the Dispute Resolution team on 01604 828282 / 01908 660966 or email Litigation@franklins-sols.co.uk.