PROBATE CAVEATS

When a dispute arises after the death of a person about the validity of their Will, or about who is entitled to administer their estate, persons with an interest in the estate may often be well advised to file a “Probate Caveat” with the Supreme Court of Tasmania.

Whilst it remains in force, a Probate Caveat effectively prevents a Grant of Probate (or Administration) being made in Tasmania without the person lodging the Caveat (“the Caveator”) being given written notice by the Court, and the applicant for the Grant following a special “warning” procedure.     A Caveator who then wishes to maintain their caveat may do so.

Worrall Moss Martin Lawyers has, for many years, provided an efficient and expert service filing and renewing Probate Caveats for clients.     We regularly do so for clients directly, and for other lawyers who act for a client with an interest.    Because Probate Caveats are a regular part of our work, we are very familiar with the system, and are well positioned to advise and act for a Caveator if a “Warning” to their Caveat is received.

For those applying for Probate (or Administration) who find a Caveat lodged, speak to us about serving a “Warning” to that Caveat.    The Warning process can in some cases result in the Caveat not being maintained.

In some cases, a Probate Caveat can result in Supreme Court proceedings about the estate in question.   The Estate & Trust Disputes practice area of Worrall Moss Martin Lawyers has several experienced lawyers, including Senior Associate Kate Hanslow, who can act in those circumstances.

Probate Caveats can also be arranged elsewhere in Australia, and in the United Kingdom when applicable.

Need to obtain an original Will held by a third party to apply for a Grant of Probate?   Speak to us about obtaining a Subpoena to Produce Testamentary Documents.

Contact Senior Associate Kate Hanslow about filing or warning a Probate Caveat here.