Caveat

Caveat, a process formerly in use in the Spiritual Court, now used in the Court of Probate to prevent or stay the proving of a will or the granting of administration to a deceased person's effects. When a caveat is entered against proving a will or granting administration, a suit usually follows to determine either the validity of the testament or who has a right to administer. The claim or obstruction by the adverse party is, in the event of its being unfounded, an injury to the person entitled, and as such is remedied by the decision of the Probate Court either establishing the will or granting the administration. A caveat is also in use in Chancery proceedings against enrolling a decree where it is intended to appeal to the full court, because after enrolment the only appeal is to the House of Lords. Since the Judicature Act, 1873, the distinction has become of less importance.