Anyone who believes that there are issues regarding the validity of the Will and is a potential beneficiary can contest a Will.
What is the first step of contesting a Will?
If you have concerns regarding the validity of the Will, the first step to challenge it is to obtain a Caveat. This should be done as soon as possible and once in place, will prevent a Grant of Probate being obtained which therefore stops the estate from being distributed.
What is a Caveat?
A Caveat is a legal document issued by the Probate Registry. Once obtained, it prevents a Grant of Probate or Letter of Administration being granted for the purpose of administering the estate.
To download a caveat please click here and send it to the Leeds Probate Registry, 31 York Pl, Leeds LS1 2ED with your fee of £20.00.
How long will a Caveat last?
A Caveat lasts for 6 months, however can be extended if needed.
Warning Off
To challenge a Caveat you file a warning off. The person who filed the Caveat then has 8 days to file a response to the Probate Registry. This is called an appearance.
What if we still haven’t resolved the dispute?
If the dispute still hasn’t been resolved, then you can consider issuing legal proceedings if appropriate for the matter to be resolved by way of a judicial decision.
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