Caveat meaning

Caveat is entered Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (as amended) Apply for a caveat online or via Form PA8A (see the forms tab within the Probate actions subtopic) — NCPR 1987, SI 1987/2024, r 44(2). The caveator lodges the caveat at the Principal Registry of the Family Division or at a district probate registry by post or electronically — NCPR 1987, SI 1987/2024, r 44. Fee: £3; if submitted electronically, payment must also be electronic — NCPR 1987, SI 1987/2024, r 44. The deceased’s name is recorded in the index of caveats — NCPR 1987, SI 1987/2024, r 44(4). Unless otherwise provided, the caveat endures for six months from the date of entry — NCPR 1987, SI 1987/2024, r 44(3)(a). The index of caveats is checked — NCPR 1987, SI 1987/2024, r 44(4). On receiving an application for a grant at the registry of filing or notice of an application made elsewhere, the district judge or registrar...

In this issue: Contract law Building safety Litigation CJC launches consultation on AI use in court document preparation Arbitration Planning Environmental issues Construction industry news Daily and weekly news alerts New and updated content Construction trackers Contract law ‘Subject to contract’—means exactly that! (Baltimore Wharf v Ballymore Properties) Construction analysis: The TCC refused summary judgment applications, concluding that once parties negotiate on a ‘subject to contract’ basis, that caveat persists unless there is express agreement by all to lift it, or such agreement must inevitably be inferred. The court emphasised that simply agreeing terms within a document labelled ‘subject to contract’ does not of itself create a binding contract. The dispute stemmed from the collapse of a nursery roof at Baltimore Wharf, with losses put at over £2m. Settlement discussions conducted ‘subject to contract’ ended with the claimant’s solicitor stating on 24 September 2024 that ‘the Settlement Agreement with WSP’s amends is agreed’....

Lumb v Lumb [2023] EWHC 2052 (Ch) What are the practical implications of this case? This decision is a warning that, in probate proceedings, it is unusual, and an exception, for the court to stray from the default CPR 44 costs regime, which ordinarily governs who pays. The CPR’s costs philosophy, aimed at deterring unproductive contests and promoting compromise, governs probate contests as fully as it does other claims, in practice and in principle. The distinct probate costs provisions operate in tandem with the CPR and its underlying approach, rather than displacing it. Where a defendant requires proof of the Will in solemn form under CPR 57.7(5), the CPR 57.7(5)(b) clause, by which the court withholds a costs order unless there were no reasonable grounds to challenge the Will, must be read restrictively. Bare arguability is not synonymous with reasonableness in this context at all. What was the background? Mrs Lumb was mother to two sons, Stuart and Michael. By her final 2019 Will she bequeathed the...

Background Ms Rayner bought a flat in Hove in May 2025 for £800,000. Relying on main residence rules, she paid about £30,000 in stamp duty, treating the Hove property as her sole home. Her Manchester house had been transferred into a trust naming her disabled son as beneficiary. She had been told to take her name off the Manchester title, which she did, and she confirmed that address remained the family home. Despite this, she paid only the standard stamp duty rate and not the additional rate for second properties, which could have reached £70,000. Guidance from a conveyancer and a trusts solicitor indicated the ordinary rate applied rather than the surcharge for further dwellings. She was incorrectly advised that she no longer counted as owning the Manchester property and so could regard the Hove flat as her only residence. That guidance carried a caveat making clear it was not specialist tax advice, and the licensed conveyancer directed that expert tax input should be obtained elsewhere, expressly excluding any...

This Practice Note examines enquiries before contract—also referred to as pre-contract enquiries, preliminary enquiries or standard enquiries—within residential conveyancing transactions. It proceeds on the basis that the parties have adopted the Law Society Conveyancing Protocol (2019) (the Protocol) and that the buyer’s conveyancer is additionally acting for a lender in line with the UK Finance Mortgage Lenders’ Handbook (the UKFML Handbook) or the Building Societies Association Mortgage Instructions (the BSA Instructions). See Practice Notes: The Law Society’s Conveyancing Protocol and Lenders' instructions—the UK Finance Mortgage Lenders' Handbook and the Building Societies Association Mortgage Instructions. Why raise enquiries? At common law, the guiding doctrine is ‘caveat emptor’—‘let the buyer beware’—so a seller has only a limited duty to disclose information about the property. It is principally for the buyer to ensure they understand what they are purchasing, including the nature of the property and any rights or liabilities that may attach to it. Accordingly, a buyer’s conveyancer raises enquiries before contract to secure information about the property...

Facts Mr Smith, aged 75, was recently bereaved after a 40-year marriage, having been diagnosed with dementia shortly before his wife passed away. He had already put in place a Lasting Power of Attorney naming his children and made a Will in their favour. He began spending time with his carer, Ms James, aged 34, who has progressively cut him off from relatives and friends. He often says he is busy and, when his family do see him, he appears not to be looking after himself or his home. His relatives are worried about the influence Ms James exerts, though they accept he has been lonely. Their concern heightened when, last week, Ms James declared they were going to marry, yet Mr Smith seems blissfully unaware of any such plan. What action can Mr Smith’s family take to keep him safe? Mental capacity They should first assess whether Mr Smith retains decision- and time-specific mental capacity, explain the situation to him, and seek his agreement to...

This Archived Practice Note summarises the general baseline coronavirus (COVID-19) rules, covering the adapted regional tiers alongside the nationwide measures that operated in England up to 19 July 2020, applying to business premises, including those authorised to sell food and drink, alcohol or provide entertainment, until all formal limits were withdrawn. Although the government advises continued caution, formal restrictions have been removed, with the caveat that they could be reinstated if public health conditions necessitate it. Measures introduced by government to limit the spread of coronavirus (COVID-19) have altered substantially over the course of the pandemic, shifting from national lockdown to more nuanced action in areas with heightened transmission, so tracking developments can be difficult for practitioners and their clients. This Practice Note is intended to provide a reference point for the rules currently in force in England. For national restrictions during the initial response to the pandemic, see Archived Practice Note: Impact of coronavirus (COVID-19) on Licensing [Archived]. Roadmap out of national lockdown On 23 February 2021,...

Rule 44(5) Within the Family Division of the High Court of Justice [ the designated registry as specified by rule 44(15) ] To [ name ] of [ address ], a party who has lodged a caveat in the estate of [ name ], deceased...

CLAIM NUMBER [ enter number ] [ IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS, PROPERTY, TRUSTS AND PROBATE LIST (ChD) ] Concerning the estate of the late [ enter name of the deceased ] (Probate) [ enter name ] Claimant AND [ enter name(s) ] Defendant[s] Dated [ enter date ] APPLICATION NOTICE [ Enter name of the law firm ] I am [ Claimant OR Legal Representative OR [ provide particulars ] ] [ I represent [ if legal representative, identify party represented ] ]...

IN THE HIGH COURT OF JUSTICE FAMILY DIVISION [ THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR PROBATE REGISTRY OF WALES ] In the Estate of [ name ] deceased SUMMONS LET [ name ], being the [ caveator OR person warning ], or his Solicitor, appear before [ the District Probate Registrar of the [ location ] District Probate Registry OR Probate Registry of Wales at [ address ] OR one of the District Judges of this Division at the Principal Registry, First Avenue House, 42–49 High Holborn, London WC1V 6NP ] on [ date ] at [ time ] for the hearing of an application by [ name ], the [ person warning OR caveator ], seeking an order from the [ District Probate Registrar OR District Judge ] that caveat no. [ number ], entered on [ date ], shall cease to have effect. Dated: This Summons is issued by [ name of firm ] of [ address ], solicitors for [...