Caveats and Stopping a Grant

In some estate matters, it may be necessary to prevent a grant of probate or letters of administration from being issued while a dispute or concern is investigated. Lodging a caveat can temporarily stop the court from issuing a grant and preserve the position until issues are resolved.

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Crownmark Lawyers provides advice on lodging, maintaining, and challenging caveats in estate matters. Our approach is careful and strategic, focused on assessing whether a caveat is appropriate and proportionate in the circumstances.

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Caveats are commonly used where there is a dispute about the validity of a will, concerns regarding capacity or undue influence, or competing claims to administer an estate. We advise clients on the legal basis for a caveat, the risks involved, and the procedural steps required.

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Where a caveat has been lodged, we also advise executors and beneficiaries on options to respond, including seeking its removal or progressing the matter towards resolution. In suitable matters, advice may be provided on a staged or agreed fee basis through Crownmark Assured Pricing (CAP), providing clarity around scope and costs.

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Our services include:

• Advice on whether a caveat is appropriate

• Preparation and lodgement of estate caveats

• Advice on responding to or removing caveats

• Strategic guidance in disputed grant applications

• Support through negotiation or court processes