How To Stop Probate
How to prevent a Grant of Probate being issued where there are real concerns as to the validity of the Deceased’s Will
Probate is a legal process that occurs after a person dies. It includes:
- Proving in the Probate Registry that the Will left behind by the Deceased is valid (applying for Probate).
- Identifying and valuing all the Deceased’s assets and liabilities.
- Paying off all outstanding debts and liabilities.
- Distributing the remaining assets correctly in accordance with the Will.
How to stop Probate
Where you have grave concerns regarding the validity of the Deceased’s Will you may want to consider registering a Caveat at the Probate Registry. The fee for this is £20 and a Caveat will be put in place for 6 months. The Caveat will prevent a Grant of Probate being issued in the Deceased’s Estate, thereby preventing the Executor of the Estate from administering and distributing the Deceased’s Estate. Such a step would buy time to investigate the merits of your claim further, until such time as the Caveat expires or a Warning Off Notice is served upon you.
What you should know about Caveats
A Caveat should only be registered where you have strong reason to believe that the Will is invalid and that you would benefit under a previous Will or intestacy.
A Caveat should not be lodged if you are simply making a claim under the Inheritance Act for reasonable provision from the Estate.
If a Grant of Probate has already been issued a Caveat will not halt the administration of the Estate.
A Caveat can be renewed in the month preceding the expiry of the Caveat, subject to payment of a further £20 fee to the Probate Registry.
Can you still contest a Will after Probate has been granted?
Although there are a number of reasons why it is more advantageous to contest a Will before Probate, it is still possible to contest a Will after Probate.
If you delay bringing a claim for a contested Will, your case may be harder to pursue, evidence may be harder to come by and assets may be more difficult to recover. The legal costs prior to the issue of Court proceedings are significantly less than after Court proceedings are issued.
Talk To Tollers
How to stop Probate – In these circumstances, time is of the essence. Our highly experience Contest A Will team are here to help you through every step of the legal process of contesting or challenging a Will including preventing a Grant of Probate.