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Caveat

Also known as: Probate Caveat, Warning

Definition

A caveat is a formal notice entered at the Probate Registry that stops anyone from obtaining a grant of probate or letters of administration for 6 months while disputes are resolved.

This legal "stop sign" gives time to investigate concerns about a will's validity or an executor's authority, but misusing it can result in serious cost penalties from the courts.

What Does Caveat Mean?

The term "caveat" is Latin for "let him beware." Under Rule 44 of the Non-Contentious Probate Rules 1987, any person who wishes to show cause against the sealing of a grant may enter a caveat at any Probate Registry. The caveat prevents the issue of any grant of representation for 6 months. It costs £3 to enter using Form PA8A and can be renewed indefinitely (Form PA8B, £3 per renewal). A central index means entering a caveat at any registry stops grants nationwide.

You enter a caveat by completing Form PA8A with the deceased's full name, date of death, and last address. Once entered, probate applications freeze—the executor cannot collect assets or distribute inheritances. However, executors can challenge by issuing a Warning (Form 4), personally served on the caveator. The caveator has 8 days to enter an Appearance (Form 5) stating their contrary interest, or the caveat is removed. Emma discovered her father's will named an unknown executor she suspected had exerted undue influence. She entered a caveat for £3, stopping probate while she gathered medical records to support her challenge.

Caveats are only appropriate for legitimate grounds: doubting a will's validity (lack of capacity, undue influence, improper execution), believing a different will exists, or questioning the applicant's right to obtain a grant. They are not appropriate for disagreeing with a valid will's distribution—that requires an Inheritance Act 1975 claim. Courts can order you to pay the executor's legal costs for inappropriate use. When Sarah's nephew entered a caveat because he inherited £20,000 while his sister received £200,000, the executor issued a Warning. The nephew withdrew before facing costs orders when his solicitor advised disagreeing with distribution isn't grounds for a caveat. If an Appearance is entered, the caveat becomes permanent until court proceedings resolve the dispute.

Common Questions

"How long does a probate caveat last?" A caveat lasts for 6 months from entry and can be renewed indefinitely for additional 6-month periods using Form PA8B (£3 per renewal) before the current caveat expires.

"What happens if someone enters a caveat against my probate application?" You cannot obtain probate until it's removed. Issue a Warning (Form 4) requiring the caveator to justify their caveat within 8 days. If they don't respond or enter an appearance, the caveat is removed and you can proceed.

"Can I enter a caveat if I disagree with the will's contents?" No, this is a common misuse. Caveats are only appropriate for challenging a will's validity or questioning who has the right to obtain a grant. Disagreeing with distribution requires an Inheritance Act 1975 claim instead. Inappropriate caveat use can result in cost penalties.

Common Misconceptions

Myth: I can enter a caveat to stop probate because I'm unhappy with how little I inherited under the will.

Reality: This is abuse of process. Caveats are only for challenging a will's validity (lack of capacity, undue influence, improper execution) or questioning who has the right to obtain a grant. If you believe you should have received more under a valid will, use an Inheritance Act 1975 claim instead. Courts can order you to pay the executor's legal costs for inappropriate use.

Myth: A caveat permanently stops probate—the executor can never get a grant while my caveat is in place.

Reality: Caveats only provide temporary protection. Executors can issue a Warning (Form 4) requiring you to justify your caveat within 8 days. If you cannot enter an Appearance (Form 5) stating a legitimate contrary interest, the caveat is removed. Even if you enter an appearance, a court determines whether your objection is valid. Caveats buy time but don't permanently block probate without substantive grounds that succeed in court.

  • Grant of Probate: The legal document caveats prevent the Probate Registry from issuing to executors.
  • Contentious Probate: When an appearance is entered, the dispute enters contentious probate proceedings requiring court resolution.
  • Contesting a Will: Caveats prevent probate being granted while you prepare a will validity challenge.
  • Probate Registry: You enter caveats using Form PA8A at any registry—they're indexed centrally.
  • Standing Search: A less adversarial alternative that notifies you of probate applications without stopping the process.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.