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Probate Caveats & Injunctions - Disputed Estate Solicitors

LAWYER HELPLINE: 1800 455 886

A person who wants to receive notification before a proposed executor is issued a Grant of Probate can submit an application for a probate caveat. This individual is then known as the "caveator" and will receive time limited notice that the proposed executor intends to obtain a Grant of Probate which gives the caveators solicitors the opportunity to begin legal proceedings to object to the issue of the anticipated grant of probate.

Limited LIfe

In order to successfully file a probate caveat, certain requirements must be met. One of the most important requirements is that the caveator file the probate caveat before the Grant of Probate is issued. Once granted, a caveat has limited life and in order to remain in effect must be renewed from time to time. Caveators should take special care to ensure that all of the information included on the application is accurate or they may miss the opportunity to issue a caveat before the issue of the Grant of Probate.

Injunctions & Caveats

A solicitor filing a probate caveat in a case of contentious probate is not always the most effective way to dispute a will. In some cases, the better approach is to wait until the Grant of Probate has been issued and then bring a legal action against the estate. One type of legal action that can be brought by a solicitor is an injunction. An injunction is an order from a court demanding that the person subject to the injunction takes or does not take specific actions. For example, the injunction might forbid the executor from distributing the assets of the estate.

Breach of an Injunction

Injunctions are an equitable remedy that can be very effective in certain cases of contentious probate. There are serious consequences for breaching an injunction. A person found to be in violation of an injunction faces civil liability and may face criminal charges for contempt of court.

Contentious & Non Contentious Solicitors

Solicitors tend to take one of two paths with their legal careers. They either do courtroom work or they don't. This dichotomy is particularly notable within the field of wills and probate law. The vast majority of wills and probate solicitors have little to no courtroom experience. Most of their solicitors work is done in their office and involves drafting and executing documents. But what happens if the probate process turns contentious? What if a dispute over the validity of a will goes to court?

Litigation Specialist

Within many solicitors firms, the solution is to pass the case along to their litigation department. It may sound like a reasonable solution, but what has really occurred is a trade-off. The client is forced to sacrifice knowledge of wills and probate law for courtroom experience. A litigator's typical workload relates to cases of business disputes and personal injury claims. Few litigation solicitors will have any significant experience handling probate cases.

In Depth Knowledge

We believe that a client should not have to make this choice. Our solicitors offer a highly specialised service - in-depth knowledge of wills and probate law with the litigation experience necessary to handle contentious cases. Our solicitors recognise that, unfortunately, all too many wills and probate cases turn contentious. In order to provide the best legal representation, a wills and probate solicitor must have solid experience handling cases both inside and outside of the courtroom.

Solicitors Legal Advice

Contact us today. We can provide you with free legal advice about your case and all matters related to wills and probate. The consultation is completely free and confidential, and speaking with one of our solicitors does not obligate you to use our services.

HELPLINE: 1800 455 886