Probate caveats

After someone’s death, their executors or administrators will usually need to apply to the Probate Registry for a Grant of Probate or Grant of Letters of Administration. This is the document that provides legal authority to the executors or administrators to deal with the estate administration.

In some cases, an individual may want to prevent a grant from being issued. This will mean that the executors or administrators are not able to wind up the deceased’s affairs.

There are several reasons why someone might want to enter a caveat to stop the probate process. For example, they may believe that the Will is not valid or there may be a dispute over who should be the administrator.

If you are thinking of entering a caveat, it is important to understand the implications before you do so, including the risk of legal costs, should it result in a court case. Before going ahead, you need to be sure that you have solid legal grounds for objecting, along with evidence in support.

At Lockings Solicitors, we have a high level of experience in deal with disputed probate cases, including applying to enter a caveat and dealing with the legal process after the caveat is in place. We can advise you of the strength of your position and devise the best possible strategy for dealing with the situation.

Our contentious probate team is led by Associate Director Sarah Thomsen, who has twenty years of litigation experience and is also head of our civil litigation department. She is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and is known for her expertise in this complex area of law.

Sarah is supported by a team with wide experience in dealing with Wills and probate, to include challenging probate applications and resolving Wills disputes.

If you want to enter a caveat or you are dealing with a contentious probate, we can represent you, ensuring that matters are dealt with correctly. Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will ring you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.

What is a probate caveat?

A probate caveat is a formal notice given to the Probate Registry which will temporarily stop them from issuing a Grant of Probate, if the deceased left a Will, or a Grant of Letters of Administration if they did not.

It means that the administration process cannot be dealt with and gives the person lodging the caveat time to try and deal with dispute.

The probate application will stop one day after the caveat is lodged with the Probate Registry.

A caveat lasts for six months, but can be renewed for a further six months if necessary.

If it is not renewed and no further action is taken, then it will lapse after six months.

When can I enter a caveat to stop probate?

A caveat can be used when there are concerns over the validity of a Will, for example, whether the deceased had the mental capacity to sign it, whether they were unduly influenced into making the Will or where it is believed that there is fraud or forgery.

It is also used when there is a disagreement over who should apply for a grant, including where the deceased did not leave a Will, meaning that no executors have been named.

How do I enter a caveat?

A caveat is entered by applying to the Probate Registry online or by post. There is a form to fill in with a range of details, including your information and that of the deceased.

Before you apply to enter a caveat however, it is crucial to ensure that it is the right option. The consequences can be substantial, particularly if the other parties defend any legal action that may be commenced.

What happens after a probate caveat is entered?

After probate caveats are entered, any individual who applies for a grant will be notified at the time that their application is received. They may be prepared to enter into negotiations with you over the next step.

Alternatively, they may issue a formal ‘warning’. This is a notification to you that you must ‘enter an appearance’ within 14 days if you want the caveat to remain in place. Entering an appearance means that you respond on the Probate Registry’s official form setting out your case.

The Registrar will consider what you say and decide whether to make the caveat permanent. Once a caveat is permanent, it can only be removed by an order issued by a registrar or judge.

You are advised to take legal advice before you enter a caveat to ensure that you have a strong enough case and that a caveat is the right option. For example, if you want to make an Inheritance Act claim, you should not issue a caveat, but instead make a claim against the estate.

Alternatives to probate caveats

Taking advice early on if you have concerns about a Will may give you the time to explore other options. The potential executors or administrators may be prepared to listen to your concerns and take steps to deal with them to avoid a delay in the estate administration process.

How do I withdraw a probate caveat?

If you do not respond to a warning, a caveat will lapse. Similarly, if you do not renew it, it will end when the six-month period expires.

It is also possible to notify the Probate Registry if you wish to withdraw a caveat.

How do I renew a probate caveat?

If you wish to renew a caveat, this should be done in the last month before it expires. There is a form to fill in and send to the Probate Registry.

Should I enter a caveat to stop probate?

Entering a caveat is a serious step with potentially costly consequences. If those who intend to apply for a grant take matters further, you could end up involved in a court case. This can be expensive and time-consuming. If you lose the case, you may well be ordered to pay the other side’s costs as well as your own.

We can advise you on the best course of action. We always aim to resolve Wills disputes out of court if possible. Executors and administrators are often motivated to settle a strong claim in this way to avoid lengthy delays.

Contact our caveat solicitors

If you need help and advice on lodging a probate caveat, contact us today.

Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.