After the well publicised case of Ilot v Mitson in 2017, there were concerns that the decision to award an estranged daughter around 10% of her late mother’s estate may have opened the floodgates for adult non-dependant children to bring claims...
Our inheritance dispute solicitors are experts in their field, below is a guide to the process of challenging a Will through lodging a caveat, how to challenge a caveat and how to respond to a warning if you have applied for a caveat. If you would like to speak to an expert in relation to an inheritance dispute call us on 0203 816 9314 or complete our enquiry form.
How to lodge a caveat
If you want to challenge the validity of a person’s Will, after they have died, you can lodge a caveat at the probate registry. This will prevent anyone from obtaining a grant of probate for that person’s estate, which would then give them the power to begin administering the estate. A caveat should only be used where you are challenging the validity of a Will. It should not be used to extend the limitation period if you intend on bringing a claim for financial provision from a person’s estate. The court can order costs against you if you use a caveat for this purpose.
Our specialist solicitors can prepare and send your caveat to the local District Probate Registry whilst investigating your inheritance dispute.
The caveat will remain in place for six months, and if you want it to continue after this date, you will have to write to the probate registry and pay a further fee. If you do this, it will be renewed for another six months. If you want to remove a caveat, you can simply write to the probate registry and ask them to remove it, providing that it has not been challenged.
You should use this six month period to investigate your potential claim, and it is advisable that you seek legal advice as soon as possible.
Stephensons have a specialist inheritance dispute team who will be able to advise you in relation to your dispute. You may also be entitled to legal aid, depending on whether you are financially eligible.