Also known as: caveat proceedings · caveat
Written by attorneys · grounded in primary & secondary sources — see below
A formal challenge filed in probate court by an interested party contesting the validity of a will or its admission to probate. The proceeding permits the caveator to raise issues such as lack of testamentary capacity, undue influence, or fraud and requires the propounder to establish the will's validity.
After Curtis Cannon's death, his daughter initiates a caveat proceeding alleging that his will disinheriting her resulted from a delusion about her character. The probate court reviews evidence of his mental state at execution and finds the delusion affected the disposition. The will is denied probate as a result.
Christopher Collins files a caveat proceeding after his incapacitated father executes a new will favoring a caregiver. Medical records establish the father's loss of capacity before the execution. The court sets aside the will because the incapacity terminated any authority to direct changes.
Colin Chambers files a caveat proceeding against his relative's will leaving assets to a university. He alleges the testator lacked capacity due to long-standing delusions about family members. The probate court admits evidence of the testator's mental condition at execution and denies probate.
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A caveator may challenge the will on grounds including lack of testamentary capacity, undue influence, fraud, or improper execution. The proceeding requires the propounder to prove the will's validity by the applicable standard.
A caveat proceeding occurs in probate court and determines whether the will is admitted to probate. A tort action seeks damages outside probate and may proceed when the caveat does not provide an adequate remedy, such as when assets were transferred to a trust before death.
The propounder must establish that the testator possessed sufficient intellect to form a rational desire regarding the disposition of property. Once the propounder makes a prima facie showing, the caveator must come forward with evidence of incapacity.
…of a writ de lunático inquirendo and was declared by a court of chancery to be of unsound mind. He died later that year. In a caveat proceeding by the daughter, the evidence showed that the daughter was known by all for her good disposition and that the father had boasted to others that he lavished his daughter with love and…