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What is entering a caveat to a Probate application?

April 9, 2024

Entering a caveat to a probate application is essentially challenging a probate application. There may be many reasons for doing this such as you feel the person acting as personal representative has no right to act or you believe that the Will submitted with the application is invalid.

When entered, a caveat lasts for six months, and has the effect of freezing the application for this time period.

Who can enter a caveat?

A caveat can be entered by a lay person over the age of eighteen or a Solicitor. However, it is important to note that starting this process may result in legal action and therefore it may be sensible to instruct a Solicitor to enter a caveat for you.

How is a caveat entered?

This can be done online, via post or by making an appointment at a probate registry.

What happens after a caveat is entered?

A probate application will be stopped one working day after the probate registry has received the application however if it is lodged on the same day as probate is granted then it cannot be stopped[1].

The probate applicant will then be notified of the caveat and will either contact you to try to come to an agreement or issue a warning. A warning gives the person who entered the caveat 14 days to either ask for the caveat to be removed or lodge an appearance in which they must explain the reasons for lodging a caveat and why it should remain in place. A summons may be more a more appropriate response than an appearance depending on why you have entered the caveat. If you have further questions regarding a caveat to a probate application, do not hesitate to contact us to make an appointment at our Solihull office on 0121 705 7571, or our Dorridge office on 01564 779393.

Sophia Kenna
Trainee Solicitor – Commercial Department

[1] https://www.gov.uk/stop-probate-application/after-youve-applied

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