When someone dies, sorting out their property (called their estate) is a serious process. This is called estate administration, and it’s how the courts make sure that everything the person left behind is properly shared or managed.
But families don’t always agree, and that’s where problems can pop up. Like:
- “Is this the real will?”
- “Who should handle the estate?”
- “Why is the executor taking forever?”
To help handle these bumps, the law gives us two smart tools: Caveats and Citations.
Caveats: A Legal “Hold On!”
A caveat is a formal heads-up you file at the court to pause the process of giving someone the right to manage an estate. It’s NOT an attack. It’s more like saying: “Hey judge, I have a reason to believe something isn’t right. Please don’t move forward until I’ve been heard.”
People usually file caveats when:
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- They think the will might be fake or invalid
- They know there are two different wills
- They believe the wrong person is applying to manage the estate
The person who files the caveat is called a caveator.
Once a caveat is filed:
- The person applying to manage the estate can warn the caveator, asking them to explain their issue.
- The caveator must then write an affidavit (a sworn statement) explaining their interest or concern.
- If they don’t do this, the court may ignore the caveat and move forward anyway.
Important: Don’t file a caveat just to cause delays. Courts don’t like that. In a famous case (In Re Ennin Alias Bodom (Decd); Nti v Serwaah [1980] GLR 809), the judge said you must have a real reason for filing one, not just drama. If not, you could be made to pay a fine.
Citations: “Get Moving or Step Aside!”
A citation is a legal way to nudge someone who’s supposed to be managing the estate, like an executor named in the will, but isn’t doing their job.
Let’s say an executor is dragging their feet and hasn’t even applied to handle the estate months after the person has died. You, as a beneficiary (someone named in the will) or even a creditor (someone owed money), can say: “You have 14 days. Either apply for probate (to start managing the estate), or officially back out.”
This process is called “clearing off”, basically, clearing the way for someone else to take over if the named executor won’t step up.
If the executor ignores the citation, the court can let someone else apply instead.
Also, under the rules, the court can step in on its own and ask the executor to either do their job or walk away. This helps when the family fights or the executor leaves the estate in limbo.
Even the Supreme Court said in The Republic v High Court (Probate & Administration Division), Ex Parte Elizabeth Darko [2021] that a citation isn’t always needed before a grant is cancelled, especially if the grant hasn’t actually been given yet.
Why Do These Tools Matter?
You might think caveats and citations are just paperwork, but they’re actually important for keeping things fair.
- A caveat gives people a chance to speak up before the court gives someone control of the estate.
- A citation helps stop delays and forces people to either act or step aside.
Without them, we’d have:
- Fake or suspicious wills going through without question
- Estates stuck for years because one person won’t act
- Chaos in families already dealing with grief
These tools aren’t there to make life hard. They’re there to make sure the court hears all sides and everything stays honest, fair, and clear.
