When someone passes away, their last will—if they left one—is usually submitted to a HM Courts & Tribunals Service through a local probate registry (or the relevant district probate registry) to get a grant of probate. This grant is the document that gives the executor the authority to sort out the deceased’s estate.
However, what happens if someone thinks there’s something off with the will or the person applying for probate? The answer is: they can put in a caveat. This guide explains what a caveat is, when it should be used, how it all works, and when to get proper legal advice. We’ll also highlight how a law firm like Grant Saw Solicitors can help deal with disputed wills and caveats.
What Is a Caveat And Why Might You Enter One?
A caveat is basically a formal letter that says to the probate registry, stop the grant of probate from being issued. You might want to put in a caveat if you think the will isn’t valid, or that the person applying for probate isn’t the right person for the job. Some reasons are:
- You’re worried the will wasn’t signed properly or witnessed.
- You’re unsure about whether the person who left the will was in the right state of mind when they made it.
- You think the will might be a forgery, or that there was some questionable business going on.
- You’re in a dispute with someone over who should be in charge of sorting out the estate. Maybe the person going for probate isn’t the right person for the job.
By putting in a caveat, you ensure that no grant of probate is issued without giving you a chance to sort things out, gather evidence, consult witnesses, and properly prepare for the administration of the estate.
How Does the Caveat Process Work?
1. Filing The Caveat
- You fill out a form and send or drop it off at a probate registry.
- There is a fee to enter a caveat, currently £3.
- You don’t necessarily need a solicitor to do it, anyone over 18 can sort it out themselves.
Once you’ve lodged it, the caveat stops any grant of probate from going out while it’s still in place.
2. How Long Does It Last For?
- A caveat lasts for six months, after that, it lapses, and the probate application can carry on.
- If you want to keep it going after that, you can renew it every six months.
If you don’t renew it, it just fades away, and the probate application can carry on.
3. What Happens Once You’ve Lodged A Caveat?
- Since the probate registry doesn’t have to tell anyone that a caveat has been put in, the executor or other people who might be affected might not even know about it. This is especially true if they have not tried to get probate yet.
- When they do go for probate, the caveat will block it.
- At that point, the person going for probate might send a formal “warning” to the opposing party, the person who put in the caveat.
What Happens If the Caveat Is Challenged
If the caveat gets challenged:
- The person making the challenge must file a written notice to the probate registry, saying why they think they should get the grant of probate.
- They have to serve the notice to the person who put in the caveat.
- Once that’s been served, the person who put in the caveat has 14 days to have their say and explain why they think the caveat is a good idea.
If they don’t respond, the caveat gets pulled, and the probate application can carry on.
If they do respond, the caveat becomes like a permanent fixture. No grant of probate can go out without a court order, which can potentially prompt full legal proceedings (e.g., will challenge, probate litigation).
What Happens During Dispute
Once a caveat is in place and a dispute appears to be building, people will generally need to get some evidence together to support or oppose the will. That might involve:
- Getting witness statements from people who saw what went on.
- Looking at medical records or expert reports, especially if it’s about the person who left the will being in the right state of mind.
- Checking if the will was signed, witnessed, and dated properly, or if there’s a later will or document that takes over.
- Scrutinising the person who’s going for probate, ensuring they’re the right person for the job and that they don’t have an alternative motive.
Ultimately, if the dispute can’t be resolved peacefully, it may have to go to court. A judge will consider all the evidence and decide whether the will should be validated, is invalid, or has some other issue.
When Is a Caveat the Right Step And When It’s Not
When a caveat might be a good idea (“common reasons”):
- You think the will might not be valid. Perhaps the person signing it wasn’t of sound mind, or someone pressured them into signing.
- There is a big dispute about who should be in charge of the estate.
- You suspect that something is not quite right and the will was made up or a later one exists.
- You need some time to gather your thoughts and sort out the evidence (like witness statements and other records) before deciding whether to make a formal complaint.
When a caveat is not a good idea:
- Just because you don’t like the will as it stands or think it’s unfair on you doesn’t mean you should put a caveat in.
- If your issue is with the way the estate is going to be split (for example, you think you should get a bigger share) but you don’t think the will itself is any good, then a caveat probably isn’t the right thing to do.
In short, a caveat should only be used when you have proper grounds to do so. Otherwise it can just look like you’re being obstructive and that can have unfavourable consequences (including costs orders against you).
Why It’s Wise to Obtain Legal Advice Early
Caveats are a delicate business and getting them wrong can lead to all sorts of problems, like extra costs or wasted time. So it’s really worth getting some advice before you go and put a caveat in, or before you decide to do nothing and just let things run their course.
Someone with experience in probate disputes, like the legal team at Grant Saw Solicitors, can help you:
- Work out whether you have any proper grounds for a caveat, or whether there’s a better way to sort things out.
- Get the right forms filled in and make sure you’re doing everything by the book at the probate registry or district probate registry.
- Gather all the evidence you need to make your case, that might mean talking to witnesses, getting medical reports or other records.
- Give you a realistic idea of how much it might all cost, what the risks are and how likely you are to win.
Grant Saw Solicitors offers a service to help with “putting in a caveat or taking one out”, which can be helpful when certain aspects of the estate, including property or commercial lease held by the deceased, are disputed and there are concerns that the will might be flawed.
What to Do if You’re Considering Entering a Caveat
If you think you might need to put a caveat in, here are the steps to take:
- Go through the deceased’s papers, find the will (if there is one), death certificate, last known address, names used, etc.
- Collect any initial bits of evidence, for example: people who can act as witnesses, or any notes you have about the person in question.
- Think whether you have a “legitimate reason” for entering a caveat (e.g. you think something about the will is suspicious or the person wasn’t of sound mind).
- If you do have a reason, fill in the caveat form—or get a solicitor to help you—and pay the fee. Then lodge it at the right probate registry, district probate registry, or principal registry.
- You might want to get some legal advice if you anticipate someone contesting the will, a dispute over the estate, or court proceedings.
- Once you’ve lodged the caveat, be on the lookout for any “warnings”. You’ve got 14 days to respond with an “appearance”.
- Prepare for a possible dispute, gather your documents and evidence, and think about whether you should try to settle out of court or whether you should go for a full-on trial.
Conclusion
The bottom line is that entering a caveat against a will is a serious move, but sometimes it’s the most appropriate move. It’s a chance to challenge a will’s validity, protect your interests in an estate, or stop a questionable probate application before assets.
However, because a caveat can have some serious consequences—including delays, costs, and the risk of being taken to court—it should only be used when there is a good reason. Ideally, you should only enter a caveat after getting some advice from someone who knows what they’re doing.
If you find yourself in a situation where someone’s will is questionable or the executor is suspicious, a law firm with experience in contesting wills—like Grant Saw Solicitors—can help you figure out your next move. They can help with putting in or removing a caveat, gathering all the evidence you need, and walking you through the whole probate process.
For anyone considering a caveat, being informed, and aware of the procedure, consequences, and risks is important. It can make all the difference to how an estate is sorted out and whether justice is done in the end.
