Caveat Definition

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GLOSSARY

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What does Caveat mean?

A caveat is a notice in writing that no grant is to be sealed without notice to the caveator.

A caveat prevents the sealing of a grant whilst the caveat remains extant. The main object of a caveat is to give the person entering the caveat time to obtain legal advice or evidence in the matter.

Wills & Probate

A caveat is a notice in writing that no grant is to be sealed without notice to the caveator.

A caveat prevents the sealing of a grant whilst the caveat remains extant. The main object of a caveat is to give the person entering the caveat time to obtain legal advice or evidence in the matter.

View the related checklists about Caveat

Procedural table—caveat

Procedural table—caveat Action Form No Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (as amended) Caveat is entered Caveat application online or Form PA8A (available in the forms tab of the Probate actions subtopic) NCPR 1987, SI 1987/2024, r 44(2) Caveator enters caveat at Principal Registry of the Family Division or a district probate registry by post, electronic means or attending personally themselves or by instructing a solicitor. NCPR 1987, SI 1987/2024, r 44 Fee: £3 (if the caveat is entered electronically, this must be paid electronically). Name of deceased entered in index of caveats. NCPR 1987, SI 1987/2024, r 44(4) The caveat remains in force, except as otherwise provided, for six months from entry. NCPR 1987, SI 1987/2024, r 44(3)(a) The index of caveats is searched NCPR 1987, SI 1987/2024, r 44(4) On receipt of application for grant in the registry at which the application is made or of notice of application of grant made in any other...

Assignment of a rack rent lease (assignee)—checklist

Assignment of a rack rent lease (assignee)—checklist This Checklist is primarily for use on the assignment of a commercial lease. It is not exhaustive and will not cover every eventuality for every transaction. You must always consider whether there are any other issues that need to be addressed. It assumes that: • the lease is a lease of commercial property let at an open market rent to an occupational tenant under terms where the landlord insures the property • the assignor occupied the property for the purposes of their business and the assignee also intends to occupy the property for the purposes of their business • the lease is a head lease and the property is not subject to any underleases • the lease is not subject to a fixed charge (in practice this would be unusual), and • no premium is payable If the assignment is part of a larger or more complex transaction, further relevant content may be found in Acquisition of commercial property (buyer)—checklist and Practice Note:...

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...

Jurisdiction in probate matters

Role of the courtThe High Court has jurisdiction in relation to probates and letters of administration, in particular all contentious and non-contentious jurisdiction relating to:•testamentary causes and matters•the grant, amendment or revocation of probates and letters of administration, and•the real and personal estates of deceased personsProbate jurisdictionThe probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division (and county court).The Family Division deals with non-contentious or common form probate business and the Chancery Division deals with contentious or solemn form probate business. See Practice Note: What are common and solemn form probate?Probate jurisdiction—Family DivisionThere are three main issues:•whether a document is admissible to probate•who is entitled to a grant of representation•whether a grant already made should be revokedRight of interpretation—Family DivisionTo grant representation the Family Division may consider the terms of testamentary documents to determine a point of construction but is not bound to do so. Instead, it may use its discretionary power to make a grant to a suitable person, leaving the question...

Discover our 238 Practice Notes on Caveat

Summons for discontinuance of caveat

Summons for discontinuance of caveat IN THE HIGH COURT OF JUSTICE FAMILY DIVISION [THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR PROBATE REGISTRY OF WALES] In the Estate of [name] deceased SUMMONS LET [name], the [caveator OR person warning], or his Solicitor, attend [the District Probate Registrar of the [location] District Probate Registry OR Probate Registry of Wales at [address] OR one of the District Judges of this Division at the Principal Registry, First Avenue House, 42–49 High

Guidelines for directors—maintaining non-UK tax residence of a non-UK company

Guidelines for directors—maintaining non-UK tax residence of a non-UK company 1 Company's tax residence 1.1 [Insert name of the company] (the Company) is resident in [insert name of the jurisdiction in which the company is intended to be tax resident]. The board of directors of the Company intends to manage the affairs of the Company to ensure that the Company remains resident for tax purposes in [insert name of the jurisdiction in which the company is intended to be tax resident] and nowhere else. Specifically, it is intended that the Company should not be or become resident for tax purposes in the United Kingdom (the UK). 1.2 Whether or not a company incorporated outside the UK is centrally managed and controlled in the UK and therefore UK tax resident is a question of fact. It is therefore important that the directors of the Company follow procedures that ensure so far as possible that the Company does not inadvertently become tax resident in the UK. [Consequently, the...

Dive into our 3 Precedents related to Caveat

Where the insurance for the opposing party’s vehicle is in the name of the employer and that employer has dissolved, can the European Communities (Rights against Insurers) Regulations 2002 be used to issue against the insurer instead? My concern is that the regulation states that the ‘insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person’ but are the insurers liable to the ‘insured person’ when their insured is the employer?

Where the insurance for the opposing party’s vehicle is in the name of the employer and that employer has dissolved, can the European Communities (Rights against Insurers) Regulations 2002 be used to issue against the insurer instead? My concern is that the regulation states that the ‘insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person’ but are the insurers liable to the ‘insured person’ when their insured is the employer? For guidance on the liability of an ‘employer’ for a driver’s negligence, see Practice Note: Vicarious liability in road traffic accidents. For further guidance on when a claimant may not have a direct right of action against an insurer under the European Communities (Rights against Insurers) Regulations 2002, SI 2002/3061, see Practice Note: Indemnity in personal injury claims. For guidance on motor insurance, see Practice Note: Motor insurance. The Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) simplifies and modernises the procedure for third-party victims...

Can out of pocket expenses be claimed under the Armed Forces Compensation Scheme?

Can out of pocket expenses be claimed under the Armed Forces Compensation Scheme? Regular and reserve service personnel (or as the case may be, their family) who have suffered injury, ill health or death caused by service on or after 6 April 2005 may be able to claim under the Armed Forces and Reserve Forces Compensation Scheme. There is no requirement to establish fault and the fact that injury arose from combat is no bar. There are two types of award available: lump sum payment or guaranteed income payments. For lump sum payments, there is a table of tariffs, ranging between £1,200 and £570,000, with the further possibility of a supplementary award in certain defined circumstances. For further information, see Practice Note: Military claims. The Ministry of Defence (MOD) provide guidance on the armed forces compensation scheme; see: Armed forces compensation: what you need to know. Section 2 Armed Forces Compensation Scheme (AFCS): an overview states at 2.9 (how awards are calculated), 'the GIP is calculated by multiplying your basic

See the 120 Q&As about Caveat

Insolvency in the Construction Industry

Construction analysis: The historic causes of insolvency, the lessons to be learnt from recent case studies and the wider implications for key players in the industry, are here considered by Theresa Mohammed (partner) and William Stewart (trainee) at Watson, Farley & Williams.

Reforming the Personal Injury Pre-Action Protocols

Personal Injury and Clinical Negligence analysis: The Civil Justice Council (CJC) has concluded its extensive review of the various existing pre-action protocols (PAPs). Here we focus specifically on the Personal Injury PAPs.

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