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Obtaining a Jersey Caveat (preventing a Will being registered) | Jersey Probate lawyers | Parslows Jersey

Jersey Caveat | Jersey Probate lawyers | Parslows Jersey Jersey Caveat – A brief guide to Caveats and why they are used

What is a Caveat?

A Caveat is a mechanism for preventing the making of a Jersey Grant of probate or letters of administration until a claim against the estate or a disagreement over entitlement. Caveats are lodged with the Jersey 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may attempt to do so or that there is prima facie evidence that someone is attempting to register a will which has been superseded.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?

Caveats are effective for 6 months from the date it is lodged with the Judicial Greffe.  They 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If you have lodged the Caveat it can either be withdrawn by writing to the Registrar of Probate, within the 6-month period or simply be letting it lapse at the end of the six-month period.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.

 

Natalie Jenner | Partner | Jersey Probate


For general advice, assistance or further information on Jersey Caveat or Jersey Probate please do not hesitate to call 630530 or email us on probate@parslowsjersey.com

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