Question 1

Who can enter a caveat on probate?

Accepted Answer

Any person who has an interest in the estate can enter a caveat. There is no requirement to be a named beneficiary in the will. In practice, this includes:

Beneficiaries named in the current will or a previous will
Individuals who would inherit under the intestacy rules if the will were declared invalid
Spouses, civil partners, cohabitants, and dependants who may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975
Creditors of the deceased with a financial interest in the estate
Anyone with standing to challenge the appointment of the executor or administrator

You do not need to instruct a solicitor to lodge the caveat itself. However, the subsequent legal process, particularly if a warning is issued, requires careful handling and specialist probate advice.
&#8220;People sometimes lodge a caveat out of frustration or to buy time, rather than because they have a genuine legal basis to challenge the will. This can be a serious mistake. The warning process moves quickly, and without proper legal support, you can find yourself in a worse position than when you started.&#8221;

Question 2

Grounds for entering a caveat

Accepted Answer

A caveat must be supported by genuine grounds. It is not a tactical device, and courts in England and Wales take a dim view of caveats lodged to delay probate without proper justification. The cost consequences of an unsupported caveat can be severe.
The most common grounds for entering a probate caveat are:

Lack of testamentary capacity: A challenge based on the testator’s mental capacity at the time the will was signed. The legal test comes from Banks v Goodfellow (1870), which requires the testator to have understood the nature of making a will, the extent of their estate, and the claims to which they ought to have given effect.
Undue influence or coercion: Where there is evidence that the deceased was pressured, manipulated, or coerced into making or changing their will. Undue influence claims often arise where a person in a position of trust, such as a carer, family member, or advisor, has exerted control over the testator’s decisions.
Improper execution under the Wills Act 1837: The Wills Act 1837 sets out the formal requirements for a valid will in England and Wales. The will must be in writing, signed by the testator, and witnessed by two witnesses who were both present at the time of signing. A failure to meet any of these requirements can render the will invalid.
Forgery or fraud: Suspicion that the will is a forgery, that the testator’s signature was fabricated, or that the document was procured through deliberate dishonesty. These cases often require forensic handwriting analysis or expert evidence.
Concerns about the Executor or Administrator: A caveat may be appropriate where there are serious concerns about the suitability, competence, or conduct of the person applying for the grant. This might include an executor who has a conflict of interest, a history of financial mismanagement, or refuses to distribute the estate.

Question 3

How to lodge a caveat at the Probate Registry

Accepted Answer

Filing a caveat to challenge a Will
Entering a caveat is a straightforward administrative step. There are two methods:
Online: Through the government website. You will need to create an account, provide the deceased’s details, and pay the £3 fee electronically.
By post: Complete form PA8A and send it to the Leeds District Probate Registry with a cheque or postal order for £3 made payable to HMCTS.
The caveat takes effect as soon as the Probate Registry processes it. You will receive written confirmation. From that point, no grant of probate or letters of administration can be issued for the estate in question.

Question 4

How much does it cost to put a caveat on probate?

Accepted Answer

The court fee is £3. That is the total cost of lodging the caveat itself, whether filed online or by post.
The real expense lies in what comes after. If a warning is issued and an appearance needs to be entered (the formal response to a warning), or if the dispute escalates to litigation, the solicitor&#8217;s fees will depend on the case&#8217;s complexity and the estate&#8217;s value.
Contentious probate cases can range from a few thousand pounds for early negotiated settlements to tens of thousands of pounds when court proceedings are necessary.
Early legal advice is almost always the most cost-effective step. A contentious probate solicitor can assess whether the grounds justify a caveat, advise on the likely cost of the dispute, and help avoid the expense of a caveat that is removed on a warning.

Question 5

How long does a caveat on probate last?

Accepted Answer

A caveat lasts for six months from the date it is entered at the Probate Registry. It expires automatically at the end of that period unless the caveator applies to renew it.
Renewal is available in further six-month blocks, and there is no limit on the number of renewals provided the grounds for the caveat remain valid.
The renewal application must be made before the current caveat lapses. If it expires without renewal, the Probate Registry may issue the grant.
This six-month timeframe is particularly significant for anyone considering a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Claims under the Inheritance Act must normally be brought within six months of the grant of probate being issued. A caveat is sometimes used to protect a potential claimant’s position while evidence is gathered and the claim is prepared, although this practice is generally frowned upon by the courts because the caveat process should be used only where there is a challenge to the validity of the will or suitability of the executors or administrators, which is not the case for a claim made under the Inheritance Act.

Question 6

The Warning Process: what happens after a caveat is entered?

Accepted Answer

Once a caveat is in place, the person who wishes to obtain probate, typically the executor named in the will can issue a warning. This is the formal mechanism for challenging the caveat and requiring the caveator to justify their objection.
Step 1: The Warning Is Issued
The executor files a warning at the Probate Registry, which is then served on the caveator. The warning demands that the caveator state their interest in the estate and their reason for objecting to the grant.
Step 2: The Caveator Responds Within 14 Days
The caveator has 14 days to respond. This is a strict deadline. There are two options:
Enter an appearance. This is a formal document filed in the nominated probate registry (in practice usually Leeds). It sets out the caveator’s interest and the basis for their objection. Once an appearance is entered, the caveat remains in place and can only be removed by agreement between the parties or by a court order.
Issue a summons for directions. Where the caveator’s interest is not in opposition to the person who issued the warning, the caveator may issue a summons asking the court to decide how to proceed.
Step 3: What Happens If the Caveator Does Not Respond
If the caveator fails to respond within the 14-day window, the person who issued the warning can file evidence of service and the caveat is removed automatically. The executor can then proceed with the probate application. The caveator may also face an adverse costs order, meaning they could be required to pay the executor’s legal fees incurred in dealing with the caveat.

Question 7

Disadvantages and limitations of a probate caveat

Accepted Answer

A caveat is a powerful tool, but it has limitations. Understanding these is essential before deciding to lodge one.

It only prevents the grant being issued. A caveat does not freeze bank accounts, stop property being sold outside of the probate process, or prevent the dissipation of assets held in joint names or outside the estate. If asset preservation is the primary concern, a court injunction or freezing order may be more appropriate.
It does not confer any rights. Entering a caveat does not give the caveator any entitlement to the estate or its assets. It simply pauses the process.
It can be removed. A caveat that is not supported by an appearance after a warning is removed automatically. Even where an appearance is entered, the court has the power to remove the caveat if it finds the grounds are insufficient.
It can attract costs. A caveat lodged without genuine grounds can result in the caveator being ordered to pay the other side’s legal costs. Courts do not look favourably on caveats used as delay tactics.
It has a time limit. The six-month duration means the caveat must be actively managed. An expired caveat offers no protection.

Question 8

When should a caveat be lodged?

Accepted Answer

Timing matters. A caveat must be entered before the Probate Registry issues the grant of probate. Once the grant has been sealed, a caveat cannot stop it; the process has already been completed.
In practice, this means acting quickly. If you have concerns about the validity of a will, the conduct of an executor, or a potential claim against the estate, the caveat should be lodged as soon as those concerns crystallise. Waiting too long risks the grant being issued before the caveat is in place.
If probate has already been granted, other legal remedies remain available. These include applying to the court to revoke the grant under Section 121 of the Senior Courts Act 1981, or issuing a claim to challenge the validity of the will.

Guide To Lodging or Removing a Probate Caveat

What happens when a caveat is put on probate?

Key facts about probate caveats:

Is it worth getting a solicitor for a probate caveat?

Filing a caveat to challenge a Will

Step 1: The Warning Is Issued

Step 2: The Caveator Responds Within 14 Days

Step 3: What Happens If the Caveator Does Not Respond

Alternatives to entering a caveat

How Awdry Law can help with probate caveats

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