A caveat prevents a grant of probate from being issued by the Probate Registry. A person claiming to have any interest in the estate may issue a Warning on Form 5 against the caveat, stating his interest and requiring the caveator to give particulars of the contrary interest in the estate. A fee of £50.00 is payable. Continue reading
The recent decision in the case of Bancroft v Wharton [2011] EWHC (Ch) 3250 highlights the difficulty of proving whether a Will reflects the true wishes of the testator after the event. It also demonstrates the costs and time which may be spent arguing over the provisions of a Will.
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“It is my body, I can do what I want with it” does not hold after death. A person’s wish as to what happens to their body is not binding on the appointed personal representatives. Furthermore, no one owns the body; they merely have competing rights and duties.
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In order to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, it is necessary to show that the deceased was domiciled in England and Wales. Frequently that is not difficult, because normally someone’s domicile is the country where he has his permanent home. However it can be problematic where a person have moved in or out of the jurisdiction during their lifetime, or has expressed an intention to do so.
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A caveat stops anyone from taking a grant of administration over an estate.
It is used where a person has concerns either about the validity of a will or about the identity of the person who is to take a grant of administration over an estate, then they can enter a caveat at the Probate Registry.
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