Caveat and Probate: How Caveats Can Pause the Probate Process
When someone dies, their estate usually goes through a legal process called probate.
This is where the will is validated and assets are distributed.
But what happens if someone believes the will isn’t valid, or suspects foul play?
That’s where a caveat comes in.
What Is a Caveat in Probate?
A caveat is a formal notice lodged with the Probate Registry.
Its purpose is to prevent a grant of probate from being issued while concerns about the estate are investigated.
In simple terms, it puts everything on pause.
People typically lodge a caveat when they have serious doubts about the legitimacy of the will or the circumstances surrounding it. Common reasons include:
- Concerns that the will is invalid or was improperly signed
- Allegations of undue influence, where someone may have pressured the deceased
- Questions about the mental capacity of the person who made the will
- Suspicions of fraud or forgery
Once a caveat is lodged, it lasts for six months.
It can be renewed if needed, but it doesn’t stop there. If someone challenges the caveat by issuing a formal warning, the person who lodged it must respond with an appearance — a legal defence of the caveat.
If they don’t, the caveat will be removed, and probate can proceed.
Using a Caveat During a Probate Dispute
Caveats can be incredibly useful in genuine disputes.
They give people time to gather evidence, seek legal advice, and make sure the estate is handled properly. But they must be used responsibly.
Unfortunately, some people lodge caveats simply to delay the process or to gain leverage in family disagreements.
This is risky.
Courts take a dim view of caveats used for emotional or tactical reasons rather than legal ones.
If a caveat is found to be frivolous or abusive, the person who lodged it may be ordered to pay legal costs — and that can be expensive.
Lodging a Caveat to Stop Probate
If you’re thinking about stopping a grant of probate, make sure your reasons are grounded in law, not emotion.
A caveat is not a tool for revenge or delay. It’s a serious legal step that should only be taken when there are real concerns about the validity of the will or the conduct of those involved.
Before lodging a caveat, it’s wise to speak with a solicitor who specialises in wills, trusts, and estate disputes.
They can help you understand your options, assess the strength of your case, and avoid costly mistakes.
Caveat and Probate: When to Seek Legal Advice
Inheritance disputes can be emotionally charged and legally complex.
A caveat offers a way to pause the process and protect your rights — but only if used correctly.
When in doubt, seek professional advice and remember: the law is there to protect fairness, not fuel family feuds.
If you’re worried about a probate matter or need guidance before lodging a caveat, our probate solicitors can advise you on the best course of action.