ABSTRACT

The caveat is entered by notice in Form 3 (Non-Contentious Probate Rules 1987 (see Form 7.13). The caveator may attend the probate registry or sub-registry personally and complete Form 3 (r 44(2)(a)), or he may send it at his own risk by post to any registry or sub-registry (r 44(2)(b)). The caveator should ensure that the correct name and any alias names are given and, if the deceased died in the UK, his name and date of death as recorded in the register of deaths should be included in the caveat (District Judges’ Practice Direction, 12 January 1999). On receipt of the caveat, it is entered in the probate computer system and searched against all pending applications. The caveat will not prevent a grant from being issued under a variant of the name entered. For example, a caveat is entered in the name of Stephen Barrie Meeks and a grant subsequently issues in the name of Steven Barry Meekes. A range of dates may be given if the caveator is uncertain of the date of death.