What is a Caveat?
A Caveat is a mechanism for preventing the making of a Jersey Grant. Caveats are lodged with the Registrar of Probate.
Who can lodge a Caveat?
Any person who has an interest in the movable estate of a deceased person and who wishes to oppose the making of a Grant may lodge a Caveat.
What grounds do I need for lodging a Caveat?
You must have grounds for lodging a Caveat. For example you are concerned that someone who is not entitled to administer the estate may attempt to do so or that there is prima facie evidence that someone is attempting to register a will which has been superseded.
How long is a Caveat effective for?
A Caveat is effective for 6 months from the date it is lodged with the Judicial Greffe. A Caveat can be renewed in writing on or before the expiry date.
Can I lift a Caveat within the 6-month period?
If you have lodged the Caveat it can either be withdrawn by writing to the Registrar of Probate, within the 6-month period or simply letting it lapse at the end of the six-month period.
Any person whose application for a Grant has been stopped by a Caveat may apply to the Royal Court to have it lifted.
How do I know if an estate has a Caveat placed on it?
A list of current Caveats is displayed on the external public notice board of the Royal Court.
How Parslows can help
Parslows probate team provide an exceptional service to all our clients.
Our probate lawyers are focused on providing you with expert advice with a truly personal service.
We advise on all aspects of probate law: whether it be advice on fast track probate or standrad probate or whether you wish to challenge the estate we can assist.
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The information and opinion expressed in this briefing does not purport to be definitive or comprehensive and are not intended to provide professional advice. For specific advice, please contact Parslows, We are not responsible for, and do not accept any responsibility or liability in connection with, the content of this document or any reliance upon it