Last Updated on 21st April 2026
What can you do when a caveat is entered against an estate you are administering
If someone enters a caveat against an estate in England and Wales, it prevents a grant of probate from being issued. A caveat doesn’t resolve the dispute — it simply pauses the process to allow resolution.
In some cases, there is a legitimate dispute that needs to be sorted out, but that isn’t always the case – and executors can often find themselves in a position where they cannot move forward with administering an estate.
Lee Dawkins, a solicitor specialising in contentious probate law, looks at the steps that you can take when a caveat is entered against an estate you are administering
Find out why the caveat was entered
A crucial first step is to find out why the caveat was entered if you don’t already know. Make contact with the caveator (or their solicitor) and ask for the reason.
Common reasons for entering a caveat include:
- When the validity of the will is disputed,
- When there is a dispute about who should administer the estate,
- When undue influence, lack of capacity, or fraud are suspected,
- When someone believes a later will exists,
- When someone intends to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, though strictly a caveat should not be used for this purpose.
Sometimes caveats are entered tactically to buy time, especially in family disputes.
Address the caveator’s concerns
Caveats are often entered because the caveator is in the dark about the circumstances of the estate. Executors are encouraged to engage with those who have lodged a caveat and to endeavour to resolve any dispute. It may be possible to do so simply by providing information or documentation to the caveator to show that there are no grounds for a formal challenge.
In some cases there will be a substantive legal dispute, in which case an executor may benefit from taking legal advice on how the matter should be dealt with. A specialist contentious probate solicitor will be able to advise on the best way forward.
Wait for the caveat to expire
Caveats are only valid for 6 months, so the course of action that requires the least amount of effort is simply to do nothing and wait for the caveat to expire.
However, caveats can be renewed, so this isn’t a practical solution if the caveator is determined.
Enter a “Warning” to challenge the caveat
If the caveat is unjustified or is unreasonably holding up progress, you can issue a Warning through the Probate Registry. This is commonly done where:
- no explanation for the caveat is given
- the allegations are weak or vague
- the caveat appears to be motivated by a desire to delay probate
A Warning forces the caveator to respond formally. It gives them 14 days to enter an Appearance setting out their interest in the estate or issuing a summons for directions.
If they do nothing, then probate can proceed.
If an Appearance is entered
If a caveator wishes to enter an Appearance, they must set out the grounds on which the validity of the Will is challenged.
An Appearance has the effect of ‘sealing’ the caveat, which means that it can then only be removed by agreement between the caveator and the person who issued the warning, or by order of the court.
It is important to bear in mind that there are costs risks associated with this course of action, and tight time limits apply.
Typical next steps include:
- requesting further details of their case
- exchanging evidence (e.g. medical records if capacity is disputed)
- considering mediation
- applying to court
You can read more about these issues in our separate article on caveats, warnings and appearances.
How we can help if a caveat is entered
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