Phil. Est. Pract. Handbook, form 6

2002 Edition

Form 6 - Formal Caveat

No.

ESTATE OF JOSEPH B. DUNN, DECEASED

CAVEAT

In the matter of the Estate of Joseph B. Dunn, Deceased, and in the matter of a certain writing dated December 26, 1999, offered to the Register of Wills of Philadelphia County for probate as the Will of said Joseph B. Dunn, Deceased.

Now, February 20, 2000, before probate, the undersigned, John Dunn, comes before the Register and objects to the admission of the writing dated December 26, 1999 to probate and in support of this caveat states the following objections:

1. On the date of the execution and prior thereto, Joseph B. Dunn, Deceased, was not of sound and disposing mind, memory or understanding.

2. Execution of the writing was obtained by undue influence exerted by Mary Roe who was in a confidential relationship with the decedent.

3. The undersigned caveator is John Dunn, the only son of Joseph B. Dunn, who died a widower, survived by caveator and no other issue.

4. The said writing has been offered for probate by Mary Roe and by reason thereof certain material questions are in controversy between caveator and the said Mary Roe:

(a) Whether at the time of the alleged execution of the writing Joseph B. Dunn was of sound and disposing mind, memory and understanding.

(b) Whether execution of the instrument was procured by the undue influence of Mary Roe; and

(c) Whether Mary Roe occupied a position of confidential relationship with Joseph B. Dunn.

5. Mary Roe, who has offered the writing for probate, has denied the above allegations.

6. All persons interested in the said estate known to petitioner are:

John Dunn, caveator

Mary Roe

Wherefore, caveator respectfully requests that the Register of Wills refuse to probate the writing dated December 26, 1999, presented by Mary Roe and to receive the petition of the caveator for letters of administration.

_________________________

John Dunn

[SEE VERIFICATION AT APPENDIX B: FORM 1 ]

Phil. Est. Pract. Handbook, form 6

There are two forms of caveat: (1) Informal, which is used to notify the Register that there is an objecting party and which may be either: (a) a form available at the office of the Register of Wills or (b) a letter directed to the Register; and (2) Formal, where the objecting party sets forth the specifics of his objection. Generally, a bond is required in either case. See 20 Pa. C.S.A. § 906.

Caveats are used as a basis for objecting to (1) the grant of letters, because of objection to the personal representative per se or because the appointment is based on an incorrect determination of the heirs to the estate; or (2) the probate of a will, where a party objects to the validity of the will.