What is a probate caveat and when should I use one?

When a person dies in England and Wales, their estate (i.e. their property, money, and possessions) must be managed and distributed according to their will or, if there is no will, under the rules of intestacy. Probate is the legal process by which this happens. Sometimes, disputes arise over whether the will is valid, who should be administering the estate, or other similar issues, and a caveat can be a very useful tool.

What is a probate caveat?

A probate caveat is a formal notice lodged at the Probate Registry that prevents a grant of probate (will) or letters of administration (intestacy) being issued. The effect is that it temporarily stops anyone from being legally authorised to deal with the deceased’s estate.

The caveat does not resolve the underlying dispute, but it gives the person lodging it time to investigate matters, seek legal advice, and, if necessary, begin court proceedings.

How does a probate caveat work?

Once lodged, the Probate Registry will not issue a grant of probate or letters of administration until the caveat is removed or expires. The caveat lasts for six months but can be renewed repeatedly before it expires for further six-month periods.

When should I use a probate caveat?

Common reasons to lodge a caveat include:

• Questioning the will’s validity: if there are suspicions that the will was forged, made under undue influence, or the deceased lacked mental capacity when making it.
• Disputing entitlement: if you believe the person applying for probate is not entitled to do so or is not acting in the best interests of the estate or its beneficiaries.
• Preventing premature distribution: if investigation or negotiation is needed before the estate is distributed, lodging a caveat provides time to gather evidence or seek a resolution.

It should not be used simply to delay proceedings or for personal grievances unrelated to the legal validity of the will or entitlement to administer the estate.

What happens after a caveat is lodged?

If the person applying for probate disagrees with the caveat, they can issue a “warning” to the caveator, who has eight days to respond by entering an “appearance”, after which the dispute will proceed to court for resolution. If no appearance is entered, the caveat will be removed but if the appearance is accepted, the caveat remains permanent until a court order to remove it is made.

It is important to seek legal advice before lodging a caveat, issuing a warning, or entering an appearance.

Key takeaway

A probate caveat is easy and cheap to obtain but must be used properly. It is a powerful legal tool for stopping probate proceedings when there is a genuine dispute about the estate and time is needed to investigate and seek resolution.

If you are considering lodging a probate caveat, or if a caveat has been lodged against an estate in which you have an interest, please contact Annabel Clark.