What is a Caveat?
A Caveat is a mechanism for preventing the making of a Jersey Grant. Caveats are lodged with the Registrar of Probate in the Probate Section of the Judicial Greffe.
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 may lodge a Caveat.
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 with regard to 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?
Most commonly a Caveat is lodged through a local advocate or solicitor but a Caveat can be lodged in person.
If lodged in person the Caveator must state the grounds upon which they are lodging the Caveat at the time of filing the relevant document and fee.
Rules 7 and 8 of the Probate (General) (Jersey) Rules, 1998, explain what documentation is required.
Cost to lodging a Caveat
The current fee for lodging a Caveat is £80 in Court stamps. Confirmation of this fee and all other Probate fees can be found on the probate section services and fees webpage.
How long is a Caveat effective for?
A Caveat is effective for 6 months from the date it is lodged with the Judicial Greffe. A Caveat can be renewed in writing on or before the expiry date for an additional fee of £80 in Court stamps.
Can I lift a Caveat?
If you have lodged the Caveat you can either withdraw it by writing to the Registrar of Probate, Judicial Greffe within the 6 months period. Or simply let it lapse at the end of the 6 months 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 and 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. You can also find a list of current caveats on the list of current Caveats webpage.
How do I lodge a Caveat on Jersey real estate?
For advice on how to lodge a Caveat on local real estate contact the Public Registry Registrar, Judicial Greffe