Caveats, Warnings and Removal: A Practical Guide for Probate Practitioners

In this practical post-event webinar, Myerson Solicitors explored the legal and procedural complexities surrounding caveats, warnings and their removal in probate disputes, offering practitioners clear guidance on navigating one of the most misunderstood areas of contentious probate practice.

The session provided a practical examination of the strategic use of caveats, the Probate Registry process for their removal and the circumstances in which disputes should be escalated to the High Court. Attendees gained valuable insight into the procedural, evidential and cost considerations involved in protecting or challenging the validity of a Will.

Focusing on both non-contentious and contentious probate procedures, the webinar offered practical, actionable guidance to help legal professionals understand the most appropriate route when disputes arise, manage risk effectively and avoid common procedural pitfalls.

What you will learn:

• The practical foundations of caveats and warnings, including when and why to enter a caveat and the strategic considerations surrounding their use
• The warnings process, including key deadlines, procedural requirements and how caveats can be challenged or removed
• Common mistakes made by non-contentious probate practitioners and how to avoid procedural errors that may prejudice a client’s position
• When a summons to remove a caveat in the Probate Registry may be appropriate, including the limits of the Registry’s powers and evidential requirements
• The procedural stages, likely outcomes, costs considerations and risks associated with Probate Registry applications to remove caveats
• When probate disputes should be escalated to the High Court and the circumstances in which proceedings to propound a Will in solemn form become necessary
• The common grounds for challenging a Will, alongside practical guidance on evidence gathering, costs management and setting realistic client expectations
• How caveats interact with High Court proceedings and the key strategic considerations when managing estate disputes