Estate Litigation: Caveat Proceedings

What is a Caveat Proceedings?

A caveat proceeding occurs when someone contests a Last Will and Testament. Also referred to a “Will Caveat”, this is a court action where an interested party challenges the last will and testament validated in probate. Once a caveat is filed, probate is put on hold and the matter is sent to superior court for hearing. If you believe that a will should be contested please contact our attorneys, and we can advocate for you to ensure that your interests are protected.

What are the requirements for Caveat?

Anyone who has an interest in the estate can file a will caveat. However, the caveat must be filed within three years from the time the will is submitted to probate.   In a caveat proceeding, the person contesting the will is called a “caveator” and the person that defends the will is called the “propounder”.

There are several reasons to contest a will. Our attorneys can advise you about your matter to determine if you have grounds to challenge a will. Some grounds for caveat include:

•     Undue influence;
•     Lack of testamentary capacity;
•     Fraud;
•     Duress; or
•     Mistake;