{"id":155,"date":"2025-12-05T06:44:07","date_gmt":"2025-12-05T06:44:07","guid":{"rendered":"https:\/\/www.gov.fk\/courts\/?page_id=155"},"modified":"2025-12-17T08:15:31","modified_gmt":"2025-12-17T08:15:31","slug":"caveats","status":"publish","type":"page","link":"https:\/\/www.gov.fk\/courts\/courts\/probate\/caveats\/","title":{"rendered":"Caveats"},"content":{"rendered":"\n
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Home<\/a><\/span> \u00bb Courts<\/a><\/span> \u00bb Probate<\/a><\/span> \u00bb Caveats<\/span><\/span><\/div>\n\n\n

Stopping an application for Probate:
How to enter a Caveat<\/h1>\n\n\n\n

This page will provide you with guidance if you wish
to stop a probate application (\u2018enter a Caveat\u2019).<\/p>\n<\/div><\/div>\n\n\n\n

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If you have any questions, please contact the court office.  The staff are there to help you – but they cannot give you legal advice.<\/p>\n\n\n\n

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Introduction<\/h3>\n\n\n\n

When a person dies, they usually leave an estate (including money, possessions and property) and sometimes a will.<\/p>\n\n\n\n

A will may name one or more executors to be responsible for collecting in all the money, paying any debts and distributing any legacies left to individuals or organisations.<\/p>\n\n\n\n

In order to access the estate, the executor, or if there is no will the relatives of the deceased need to apply to the Court for a document called a Grant of Representation or \u2018grant\u2019.  This process is called probate.<\/p>\n\n\n\n

In most cases, applying for probate is a straightforward procedure. <\/p>\n\n\n\n

If you have concerns about whether someone who applies for a grant has the right to do so and you want to ask the court to consider the matter, you can enter a Caveat to temporarily stop the grant being issued.  You are then called the Caveator. <\/p>\n<\/div>\n\n\n\n

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Why and when are Caveats used?<\/h3>\n\n\n\n

A Caveat is a way of preventing a grant from being issued.<\/p>\n\n\n\n

Caveats are often used to create a \u2018breathing space\u2019 when someone has a legal questions about a will or a probate applicant.  This gives the Caveator time to check if there are grounds to oppose an application for a grant.<\/p>\n\n\n\n

For example, you could be concerned that:<\/p>\n\n\n\n