If you have concerns about the validity of a Will, one of the first protective steps you may wish to consider is entering a caveat at the Probate Registry.
A caveat prevents the executors from obtaining a Grant, effectively pausing the administration of the estate.
This can give you valuable time to investigate the circumstances surrounding the Will and gather evidence to support a potential validity challenge.
Our Contentious Probate Lawyers explain how to lodge a caveat and what to do if it is challenged.
How to Enter a Caveat
Entering a caveat is a relatively straightforward process and is something many individuals do themselves before seeking legal advice.
To do so, you must complete a short form (available online) and submit it to the Probate Registry along with the £3 fee.
The form requires details of the deceased. It is important to include the deceased's full name, as well as any other names they may have been known by, to ensure the caveat is effective.
Once the caveat has been entered, the Probate Registry will confirm this in writing. The caveat remains in force for six months and can be renewed every six months indefinitely, provided it is not challenged.
Removing a Caveat
If you decide that the caveat is no longer required, you can remove it simply by writing to the Probate Registry and requesting its withdrawal.
What Happens if a Caveat Is Challenged?
If the executor/beneficiary believes the caveat has been entered without proper justification, they may seek to have it removed by issuing a formal document known as a “warning”.
This requires you to explain both your interest in the estate and your reasons for entering the caveat.
If you receive a warning, you then have 14 days to respond by submitting a document called an “appearance”.
If no appearance is entered within this timeframe, the caveat will automatically be removed, and the Grant can then be issued. It is therefore crucial to act promptly and seek legal advice if you are unsure how to respond.
Once an appearance has been entered, the caveat becomes permanent and can only be removed by agreement of both parties or a court order.
This can lead to additional costs and risks, so responding to a warning should always be carefully considered.
When a Caveat Should Not Be Used
Caveats should not be used where you are considering a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Claims under this Act do not challenge the validity of the Will itself, but rather the way in which the estate has been distributed. Entering a caveat in these circumstances is generally regarded as an abuse of process.
Probate Caveats Explained
Contact Our Contentious Probate Lawyers
Caveats can be a powerful tool, but they must be used correctly and strategically. If you are experiencing difficulties or uncertainty in relation to a caveat or a potential Will dispute, specialist legal advice is strongly recommended.
0161 941 4000
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Lisa Birrell
Paralegal
Lisa is a Paralegal in our Probate Litigation team and has been with Myerson since 2016. She began her career at Myerson as a PA in the Litigation team before moving to a newly formed three-person team, which has since expanded into the Probate Litigation team, now comprising 17 members.
Lisa began studying Law with the Open University in 2014 and furthered her professional development with CILEx from 2017, gaining qualifications in Probate Practice and Civil Litigation in 2019. In the same year, she was promoted to Probate Litigation Paralegal within the Contentious Trusts and Probate Team.
Her role involves attending court hearings and mediations, preparing trial bundles, and drafting summons and subpoena documents.
She is also the ‘gatekeeper’ for limitation dates, responsible for registering Caveats and Standing Searches, as well as handling extensions and renewals.
Lisa’s work includes legal research, dealing with Warnings to Caveators, drafting appearances, and liaising with the Probate Registry.
In addition, she works closely with clients and their families, as well as external agencies including courts, counsel, clerks, mediators, hospitals, and GP practices.
Known for her empathetic approach, Lisa prides herself on her attention to detail, strong organisational skills, and commitment to keeping clients well-informed throughout their matters.