Home > Services > Private Wealth Disputes > Challenging Probate and Caveats

Challenging Probate and Caveats

A Caveat is an objection registered for six months against any subsequent application for Grant of Representation for a specific estate, and prevents the progress of any application without the Caveat being either removed or resolved.

David Chandra

Partner – Solicitor

Wills, Trusts and Probate

[email protected]

Dispute Resolution Specialists

Highly Experienced Team

Negotiating For You

Disputes over who should administer an estate—or which Will should be admitted to probate—can arise quickly after someone dies. If you have concerns that the wrong person may apply for a Grant of Probate or Letters of Administration, or that an invalid or suspicious Will may be used, a Caveat can be an essential tool to protect your position.

Our team specialises in contentious probate and can advise you on the strategic use of Caveats, Warnings and Appearances, as well as the wider dispute that often follows.

Get In Touch

Whether you’ve got questions or you’re ready to get started, our team are ready with expert legal advice.

What is a Caveat?

A Caveat is a formal notice lodged with the Probate Registry that blocks any Grant of Representation being issued for a particular estate. It lasts for six months and can be renewed.

A Caveat is commonly used to prevent:

The wrong person taking control of an estate
A disputed or suspicious Will being propounded
Applications based on an outdated or invalid Will
Premature or inappropriate administration while investigations are ongoing

Importantly, a Caveat must be entered before the Probate Registry receives an application for the Grant. Once in place, no Grant will be issued until the Caveat is removed, allowed to expire, or resolved through the formal dispute process.

A Caveat should not be used where the issue is purely a claim under the Inheritance (Provision for Family and Dependants) Act 1975; that type of claim does not justify blocking a Grant.

How does a Caveat work?

Once the Caveat is lodged:

Any applicant for a Grant will be notified that the estate is “caveated”.
They will be given your details (or your solicitor’s) to open discussions.
The Probate Registry will not progress the application until the Caveat is removed or the dispute is resolved.

If the applicant disputes the Caveat, they may issue a Warning, which requires the caveator to either:

Enter an Appearance (to maintain the Caveat), or
Allow the Caveat to be removed

If an Appearance is entered, the Caveat becomes permanent and can only be resolved through agreement or court proceedings.

This process is often the first step in a wider dispute, including challenges to the validity of a Will, disputes over executorship, or allegations of undue influence or fraud.

Contact Us

If you are considering lodging a Caveat, responding to one or need advice about challenging probate, our Private Wealth Disputes team can help. Call 020 8290 0333 or email [email protected]

Our experts

Meet the team

We were delighted when Mr David Chandra took the time to explain fully, each section of the wills – it gave us peace of mind

Judge & Priestley Property Litigation team has ‘real talent and ability’: the ‘calm, unflappable’ Mark Oakley ‘inspires confidence’ and is ‘excellent on leasehold issues’

Hugely approachable and empathetic.

I felt confident and reassured knowing that my legal matters were in such capable hands.