Require probate caveat applicants to sign legal declaration & notify next of kin

Background

Require applicants of probate caveats sign a legal declaration confirming they understand that a caveat freezes the whole estate and to notify all next of kin when a caveat is entered.

Additional details

Caveats can freeze an entire estate instantly, yet caveators are not required to confirm they understand the legal consequences or to notify next of kin. We believe this allows misuse of caveats, confusion about the process and financial harm. We think that a signed declaration and mandatory notification to protect next of kin and ensure accountability should be required. In our view caveats give individuals major legal power with no checks or safeguards. We therefore believe that a declaration notification rule would prevent misuse, protect families to ensure estates are handled fairly.

Where it’s popular

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