Caveat Against Grant of Probate

IN THE COURT OF [court_name] CAVEAT UNDER SECTION 284 OF THE INDIAN SUCCESSION ACT, 1925 In the matter of the estate of the late [deceased_name] [petition_number] [caveator_name] [caveator_address] ... CAVEATOR Let nothing be done in the matter of the estate of the late [deceased_name], who died on [date_of_death], to the prejudice of the Caveator, [caveator_name], without notice to the Caveator. 1. THE CAVEATOR'S INTEREST The Caveator is the [relationship] of the deceased. [interest_details] 2. That the Caveator has an interest in the estate of the deceased and is entitled to be heard before any grant of probate or letters of administration is made. 3. The Caveator therefore enters this caveat, and prays that no grant be made in respect of the estate of the deceased without notice to the Caveator, so that the Caveator may show cause against it. 4. The Caveator undertakes to file an affidavit in support of this caveat within the time prescribed. Place: ______________ Date: [caveat_date] [caveator_name] CAVEATOR Through ______________________ ADVOCATE ADDRESS FOR SERVICE [caveator_address] ──────────────────────────────────────────────────────────────── A CAVEAT BUYS YOU A HEARING, NOT AN OUTCOME Entering a caveat does not challenge the will. It ensures that the court cannot grant probate or letters of administration WITHOUT NOTICE TO YOU, so that you get the chance to object before the grant is made rather than discovering it afterwards. That distinction matters, because once probate is granted it operates as a judgment binding on the world, and unwinding it is far harder than opposing the grant in the first place. TIMING IS EVERYTHING. A caveat must be entered BEFORE the grant is made. If you have any reason to think a probate petition is coming — a disputed will, an executor acting without telling the family, an estate you believe you have a claim to — enter the caveat first and ask questions afterwards. It is inexpensive and it preserves your position. WHAT HAPPENS NEXT: once a caveat is entered and the petitioner proceeds, the matter ordinarily converts into a contentious proceeding and is tried like a suit. You will be required to file an affidavit setting out your grounds, and vague objections will not survive. YOU NEED AN INTEREST IN THE ESTATE. A caveat is not open to anyone; you must be a person who would be affected by the grant — an heir, a legatee under another will, a creditor. Say what your interest is. GROUNDS THAT ORDINARILY MATTER: that the will was not duly executed or attested; that the testator lacked testamentary capacity; that the will was procured by fraud, coercion or undue influence; that a later will exists; or that the propounder has not discharged the burden of dispelling suspicious circumstances surrounding execution. A caveat generally remains in force for a limited period and may need renewing. Check the position in the court concerned.