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Probate actions—caveats

STOP PRESS: HMCTS announced updates to the caveat application process from 25 October 2022. See: LNB News 11/10/2022 10.CaveatsA caveat (also known as a stop) is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry.Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate.By lodging a caveat, the caveator will be notified of an application for a grant and given the opportunity to object to the issue of a grant.Once a caveat has been entered, the onus moves to those seeking to prove the Will to take action to remove the caveat, as it prevents a grant being issued until the caveat has been removed by:•the non-appearance of the caveator to the warning•the withdrawal of the caveat by the caveator•an order of a district judge, registrar or High Court judge•the expiration of six months from the date of entry or effective...

Probate actions—citations

Probate actions—citations A citation is issued under the seal of the Principal Registry of the Family Division or a district probate registry. It contains the reason for its issue and the interest of the party extracting it (the citor). The citation calls upon the party cited (the citee) to enter an appearance and to take specified steps failing which the court will grant representation to the citor or another person. The Non-Contentious Probate Rules 1987, SI 1987/2024 provide for three types of citation: • citation to accept or refuse a grant • citation to take probate • citation to propound a Will The citation is used in non-contentious probate matters but it can be used as a tactic to persuade those against whom the citation is directed to negotiate a settlement. Rather than issue a citation, if all that is required is to force the executor of a Will to prove or renounce probate of that Will, the High Court may issue...

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Who administers an estate where an executor or potential administrator refuses to act? At what point can a creditor apply for a grant?

Who administers an estate where an executor or potential administrator refuses to act? At what point can a creditor apply for a grant? Practice Note: Probate actions—citations explains that where an executor is appointed by a deceased testator and that executor refuses to administer the estate, under the Non-contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, rr 46–48 any person interested in the estate may issue a citation in the Principal Registry or in any of the district registries, for the executor to: • accept or refuse a grant—so that where the person entitled to take a grant delays or declines to take a grant but refuses to renounce their right to executorship, the citor may instead apply for a grant, • take a grant—where the executor has inter-meddled in the estate and has not taken a grant within six months of the date of death, or if not for the citor to instead apply for a grant, or • propound a Will—that has not yet...