A Guide to Stopping a Grant of Probate
Reasons to choose Wilson Browne
When someone dies, everything they own, including property, money, investments and personal possessions, forms part of their Estate.
The people responsible for dealing with the Estate are known as Executors (where there is a Will) or Administrators (where there is no Will). Before they can administer and distribute the Estate, they usually need legal authority from the Probate Registry.
This authority comes in the form of either:
- A Grant of Probate, where there is a valid Will; or
- A Grant of Letters of Administration, where there is no valid Will or no Executor is able to act.
If there are concerns about the validity of a Will, or about who is entitled to administer the Estate, it may be necessary to prevent the Grant from being issued while investigations take place. This is done by entering a Caveat.
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What is a Caveat?
A Caveat is a formal notice lodged at the Probate Registry which prevents a Grant of Probate or Grant of Letters of Administration from being issued.
While a Caveat is in place, the Estate cannot usually be administered or distributed because the Executors or Administrators do not have the legal authority to deal with the Estate assets.
A Caveat is an important protective measure and should only be used where there are genuine grounds for questioning the validity of a Will or the administration of an Estate.
Why Would You Enter a Caveat?
A Caveat allows time for investigations to be carried out before probate is granted.
Common reasons for entering a Caveat include:
- Concerns that the Will is invalid.
- Suspicions of fraud, forgery or undue influence.
- Concerns about the deceased’s mental capacity when the Will was made.
- A belief that a later Will exists.
- Concerns that an intestacy application is being pursued despite the existence of a valid Will.
- Doubts about whether the person applying for the Grant is entitled to do so.
- Concerns that Estate assets may be dealt with improperly before issues are resolved.
- An Executor refusing to disclose a copy of the Will.
A Caveat should not be used simply because you disagree with the contents of a Will or because you intend to bring a financial claim against the Estate.
Why Would You Enter a Caveat?
A Caveat allows time for investigations to be carried out before probate is granted.
Common reasons for entering a Caveat include:
- Concerns that the Will is invalid.
- Suspicions of fraud, forgery or undue influence.
- Concerns about the deceased’s mental capacity when the Will was made.
- A belief that a later Will exists.
- Concerns that an intestacy application is being pursued despite the existence of a valid Will.
- Doubts about whether the person applying for the Grant is entitled to do so.
- Concerns that Estate assets may be dealt with improperly before issues are resolved.
- An Executor refusing to disclose a copy of the Will.
A Caveat should not be used simply because you disagree with the contents of a Will or because you intend to bring a financial claim against the Estate.
Who Can Apply for a Caveat?
To enter a Caveat, you must:
- Be aged 18 or over; and
- Have an interest in the Estate and a legitimate reason for investigating the validity of a Will or administration of the Estate.
You may have an interest in the Estate if:
- You are named in an earlier Will.
- You believe you should inherit under the Rules of Intestacy.
- You believe another valid Will exists.
- You stand to benefit if the current Will is declared invalid.
- You believe you are entitled to inherit under the deceased’s Estate arrangements.
A Caveat can be entered personally or through a solicitor or licensed probate professional.
How Long Does a Caveat Last?
A Caveat remains in force for six months from the date it is entered.
Before it expires, it can be renewed for a further six-month period. There is no limit to the number of renewals, provided the appropriate application and fee are submitted.
If the Caveat is not renewed, it will lapse and the Grant may then be issued.
How to Enter a Caveat
A Caveat can be lodged online or through the Probate Registry.
To make an application, you will generally need:
- The deceased’s full name.
- Their date of death.
- Their last known address.
Provided no Grant has already been issued, the Caveat will be entered against the Estate and probate will be prevented from being granted.
At the time of writing, the Probate Registry fee for lodging a Caveat is £3, although court fees can change and should always be checked before applying.
What Happens After a Caveat Is Entered?
Once a Caveat has been lodged, the Executors or Administrators cannot obtain a Grant of Representation while it remains in force.
The Caveat gives interested parties time to:
- Obtain copies of relevant documents.
- Investigate concerns about the Will.
- Gather medical evidence.
- Seek legal advice.
- Attempt to resolve disputes.
In many cases, discussions between the parties will resolve the issue without the need for court proceedings.
How Can a Caveat Be Removed?
A Caveat may be removed voluntarily by the person who entered it if their concerns have been resolved.
Where an Executor or Administrator wishes to challenge the Caveat, they can issue a formal Warning.
The person who entered the Caveat (known as the Caveator) must then respond by filing an Appearance within the required timeframe, setting out the legal basis for the Caveat.
If No Appearance Is Filed
The Caveat can be removed and the Probate Registry may proceed to issue the Grant.
If an Appearance Is Filed
The Caveat remains in force until the dispute is resolved.
Resolution may occur through:
- Negotiation between the parties.
- A formal agreement to remove the Caveat.
- Directions from the Probate Registry.
- Court proceedings to determine the dispute.
If the parties reach an agreement, a signed consent can be filed and the Caveat removed without the need for a court order.
Frequently Asked Questions (FAQs)
What is the difference between a Grant of Probate and a Grant of Letters of Administration?
A Grant of Probate is issued where there is a valid Will and Executors have been appointed. A Grant of Letters of Administration is issued where there is no valid Will or no Executor is able to act.
Does a Caveat stop the Estate being distributed?
Yes. In most cases, a Caveat prevents the Grant from being issued, which means the Estate cannot be fully administered or distributed.
Can I enter a Caveat because I disagree with the Will?
No. A Caveat should only be used where there are genuine legal concerns about the validity of the Will or the administration of the Estate.
Can I enter a Caveat if I want to make a financial claim against the Estate?
Not usually. A financial claim against an Estate is separate from a challenge to the validity of a Will. A Caveat should not be used solely for that purpose.
How quickly can a Caveat be entered?
A Caveat can usually be entered quickly once the necessary information about the deceased is available and no Grant has already been issued.
Will the Executors know immediately that a Caveat has been entered?
Not necessarily. There is no requirement for advance notice to be given when a Caveat is lodged, meaning Executors may only become aware of it when attempting to apply for the Grant.
How long can a Caveat remain in place?
A Caveat initially lasts for six months but can be renewed repeatedly if necessary.
What happens if the Caveator does not respond to a Warning?
If no Appearance is entered following a Warning, the Caveat may be removed and probate can proceed.
Can a Caveat be challenged?
Yes. Executors or Administrators can challenge a Caveat by issuing a Warning and requiring the Caveator to formally justify why it should remain in place.
What happens if the dispute cannot be resolved?
If negotiations fail, the matter may proceed to formal contentious probate proceedings and ultimately be determined by the court.
Should I seek legal advice before entering a Caveat?
Yes. Entering a Caveat without proper grounds can lead to delays, additional costs and potential disputes. Specialist legal advice can help determine whether a Caveat is appropriate in your circumstances.
Need Advice?
If you are considering entering a Caveat, have concerns about the validity of a Will, or have discovered that a Caveat has been lodged against an Estate you are administering, our specialist contentious probate team can provide clear, practical advice tailored to your circumstances.