Caveator and Caveatee: Understanding the Roles in Will DisputesUpdated a day ago

A Caveator is a person who challenges the validity of a will by filing a formal objection, known as a caveat, in probate court. This objection prevents the will from being probated until the dispute is resolved. A Caveatee, on the other hand, is the individual defending the will's legitimacy, typically the executor or a beneficiary named in the will. The caveatee argues in favor of the will's validity, seeking to have it accepted by the court. Together, these roles represent the opposing sides in a legal battle over the authenticity of a will.

How the Caveat Process Works

Filing the Caveat:

The process begins when a caveator files a caveat in the probate court, formally challenging the validity of the will. This stops the probate process temporarily until the court can hear the arguments and decide on the validity of the will.

Court Hearing:

The court schedules hearings to resolve the dispute. Both the caveator and the caveatee will present their arguments and evidence. The caveator will present reasons why the will should be considered invalid (e.g., the testator lacked mental capacity, the will was forged, or it wasn't signed properly). The caveatee will defend the will, presenting evidence to show it is valid and that the testator's intentions should be honored.

Judgment:

After hearing both sides, the court will rule on whether the will is valid. If the caveator’s challenge is upheld, the will may be rejected, and a prior will may be probated, or the estate may be distributed according to intestacy laws. If the caveatee’s defense is successful, the will will be probated, and the estate distributed according to the testator’s wishes.

The Legal Importance of Caveator and Caveatee

Caveator: The person who challenges the will’s validity. This is typically someone who stands to inherit if a previous will is accepted, or someone who believes the current will does not reflect the true wishes of the testator.

Caveatee: The person defending the will. This is usually the executor or a beneficiary named in the will who is seeking to have the will accepted by the court.