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Caveats

Probate - what is a Caveat?

A Caveat is a mechanism for stopping a probate application in respect of the movable estate of a deceased. Caveats are lodged with the Registrar of Probate and Protection at the Probate Registry.

Who can lodge a Caveat?

Any person who has an interest in the movable estate of a deceased person and who wishes to oppose the making of a Grant.

What grounds do I need for lodging a Caveat?

You must have grounds for lodging a Caveat. Before proceeding you should seek local legal advice regarding the merits of lodging a Caveat.

You will also need an address in Jersey for service, most commonly the address of a local legal firm.

How do I lodge a Caveat?

Ordinarily a Caveat is lodged through a local advocate or solicitor, however it can be lodged in person.

When lodging a caveat, the caveator must provide the grounds in writing along with form 13, Rule 7 of the Probate (General) Rules 1998 and the application fee.

How much does it cost to lodge a Caveat?

The current fee for lodging a Caveat is £80.00. Confirmation of this fee and all other Probate fees can be found on the Probate Registry services and fees - Courts.je You will need to contact the Government payment services to make payment Government payment services

How long is a Caveat effective for?

A Caveat is effective for 6 months from the date lodged with the Judicial Greffe. A Caveat can be renewed in writing on or before the expiry date for an additional fee of £80.00.

Can I lift a Caveat within the 6-month period?

If you have lodged the Caveat, you can either withdraw it by writing to the Registrar of Probate and Protection, Judicial Greffe within the 6-month period or simply let it lapse at the end of the six-month period.

Any person whose application for a Grant has been stopped by a Caveat may apply to the Royal Court to have it lifted. Articles 9 & 10 of the Probate (Jersey) Law, 1998 explain the processes involved.

How do I know if an estate has a Caveat placed on it?

A list of current Caveats is displayed on the external public notice board of the Royal Court Building.

You can also find a list of current caveats on Caveats - Courts.je

How do I lodge a Caveat on Jersey real estate?

For advice on how to lodge a Caveat on local real estate contact the Registrar of the Public Registry Public Registry services, fees and stamp duty - Courts.je