A probate caveat is a document that can be filed in the Court, which indicates there may be a challenge to the validity of the Will.
Once the probate caveat is filed, the executor or administrator of the estate is prevented from taking any steps in relation to the Will or the estate.
Filing a probate caveat should not be treated lightly. If a probate caveat is filed for the wrong reason, there could be severe cost implications for the person filing it.
Having said that, there are certainly situations which warrant the filing of a probate caveat.
Some of the circumstances which would warrant the filing of a probate caveat, are as follows:
Once a probate caveat has been filed, you will have time to obtain evidence and seek legal advice. Having said that, it is important to start your enquiries promptly.
What further information should be obtained once the probate caveat is in place:
Filing a probate caveat can be a challenging and daunting process. If you are in circumstances where you believe a probate caveat may need to be lodged, please do not hesitate to contact us.