Last Updated on 8th February 2025
Caveats and caveators
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A caveat is a notice entered at the Probate Registry which prevents anyone other than the person who entered the caveat obtaining a Grant of Probate. It therefore prevents the executors named in the will from taking any steps that would require a grant of probate.
The person who takes out the caveat is known as the caveator.
The purpose of a caveat is to allow time to deal with a legal dispute concerning the estate and to prevent steps being taken before resolution has been reached. Caveats are commonly used in the following scenarios:
1. Challenges to the validity of a will;
2. Executor disputes;
3. Investigations into misappropriation of estate funds; and
4. Where there are concerns that the estate may be distributed incorrectly.
Penalties can be imposed if a caveat is used inappropriately. They should not, for example, be used where a claim is being made under the Inheritance (Provision for Family and Dependants) Act 1975. In those cases it is generally more appropriate to enter a standing search.
A caveat can be entered by completing form PA8A, which is available from your local Probate Registry, or by writing to the Probate Registry enclosing a cheque for the fee. You can also apply in person.
Details of the person who has passed away will need to be supplied, including their full name, address and date of death. It is important to ensure that these details are correct. Any discrepancies between the information provided and the information on the death certificate is likely to make the caveat ineffective.
Caveats remain valid for six months, but can be extended.
If a caveator fails to pursue their case, or if it is considered that their case does not have any legal grounds, then steps can be taken to remove the caveat in order to allow the estate administration to proceed. This can be done by issuing a ‘warning’.
A ‘warning’ is a legal application submitted to the Probate Registry and then served upon the caveator. The caveator has 14 days to respond to the warning by either entering an ‘appearance’ or issuing a summons for directions. If neither step is taken the caveat will cease to have effect and probate can continue.
If a caveator enters an appearance, they must give their grounds for doing so. An appearance ‘seals’ the caveat. This means that it is permanent and can only be removed by agreement between the caveator and the person who issued the warning, or by court order.
You can read more about this process in our separate article on caveats, warnings and appearances.