If an appearance to a caveat on a will has been entered by a caveator, what is the next step in the procedure? Does the appearance last for a set period of time? Does the caveator have to take legal proceedings against the will? Or does the will (ie the executor) have to take legal proceedings agianst the caveator to get the appearance and the caveat removed?
Nothing really, its my uncles will that is being objected to by another uncle, i have to meet with my decesased uncles solicitor soon, and i would liek to get some background information
1. Once an appearance to a caveat on a will has been entered, the onus is then on the executor to take legal proceedings to get the caveat removed. This is a set of legal proceedings which will take place in the High court or Circuit court depending on the size of the estate. Essentially, what happens in this situation is the executor must seek to get the caveat removed and it is up to the caveator to show valid grounds for the entry of the caveat. If valid grounds are shown for the lodging of the caveat, then the issue raised by the caveator proceeds to full hearing. If valid grounds for a caveat are not shown, then the will proceeds to be administered. When speaking with the solicitor you should ask what basis for the entry of the caveat has been put forward and are these grounds likely to be upheld. Until the caveat is removed, the will cannot be administered and there will be a long delay.
Barrister 17 years experience
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