If you believe something is wrong with a will, or you suspect the wrong person is about to take control of an estate, a probate caveat is often the first practical step. A caveat is a formal notice lodged with the Probate Registry that stops a grant of probate (or letters of administration) from being issued while a dispute is looked at. It buys time. It creates a pause. It does not, on its own, resolve anything, but without it a grant can be issued and money moved before you have a chance to raise concerns.
We help families across England and Wales enter caveats, extend them, respond to warnings, and negotiate the disputes that sit behind them. Some cases settle quickly once both sides are round the table. Others need a full will challenge. Either way, the caveat is the tool that keeps the door open.
This guide explains what a caveat does, when it is appropriate, how to enter one, what happens if the other side pushes back, and the risks of getting it wrong.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
What a Probate Caveat Actually Does
A caveat is a written notice to the Probate Registry that no grant should be made in a particular estate without first notifying the person who lodged it. Once entered, the caveat sits on the Registry’s system for six months. During that period, any application for probate or letters of administration is blocked.
The person who lodges the caveat is called the caveator. They do not have to prove anything at the point of entry. They simply have to have a genuine concern that gives them a reason to want the grant paused. That threshold is deliberately low, because the caveat is a protective step, not a judgment on the merits.
What a caveat does not do is freeze bank accounts, stop funeral arrangements, or prevent an executor from continuing routine estate work that does not require a grant. It targets one specific thing: the issuing of the grant itself. Everything else in the estate carries on unless a separate injunction is obtained.
When Entering a Caveat Is Appropriate
Caveats are used in a range of situations. The most common are disputes over the validity of a will, concerns about the mental capacity of the person who made it, allegations of undue influence, or suspicions of forgery. They are also used where more than one person claims the right to administer an estate, or where a later will is thought to exist but has not yet been produced.
They are not appropriate for every family disagreement. A caveat is not the right tool if the real complaint is about how an executor is behaving after a grant has been issued, or about the size of a legacy under a valid will. Those problems need different remedies, such as an application to remove an executor or a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
If you are unsure whether your concern is a caveat-worthy issue, it is worth speaking to a solicitor before lodging one. Using a caveat as a bargaining chip in a dispute that has nothing to do with the validity of the grant can expose the caveator to a costs order.
How to Enter a Caveat
Entering a caveat is administratively straightforward. It can be done online through the government’s stop a probate application service, or by post to a district probate registry using form PA8A. The fee is modest and the caveat takes effect from the day it is entered.
You will need the full name and date of death of the deceased, the caveator’s own details, and an address for service in England and Wales. The Registry will confirm entry and record the caveat on the central system. From that moment, no grant can be issued in the estate without the caveator being told.
The caveat lasts six months. It can be extended for further periods of six months at a time by applying before it expires. If it is allowed to lapse, a fresh caveat can be entered, though the same person cannot repeatedly re-lodge caveats without good reason.
What Happens When the Executor Pushes Back
Executors who believe a caveat has been entered without proper grounds can force the issue. They do this by issuing a warning through the Probate Registry. The warning is a formal document served on the caveator, requiring them to state within eight days what interest they have in the estate and on what basis they are opposing the grant.
If the caveator does not respond within eight days, the caveat is removed and the executor can apply for the grant. If the caveator does respond, by entering an appearance, the caveat becomes permanent and can only be removed by court order or by the caveator’s own consent. At that point the matter moves from the Registry into contentious probate litigation, and both sides usually need solicitors.
The decision whether to enter an appearance is a serious one. It commits the caveator to defending their position in court if the executor pushes on. If the challenge fails, the caveator may be ordered to pay costs. That is why we always advise clients to take proper legal advice before responding to a warning, not after.
Speak to Simon Jenkins — Free, No Obligation
Call us today for an honest assessment of the estate. No jargon, no pressure.
Grounds That Justify a Caveat
To hold a caveat against a warning, the caveator must have a real and identifiable interest in the estate and a genuine ground for challenging the grant. The recognised grounds include lack of testamentary capacity, lack of knowledge and approval of the will’s contents, undue influence, fraud, forgery, revocation by a later will, and questions over who has priority to take out a grant on an intestacy.
Evidence matters. A vague sense that a family member behaved badly is not enough. We look for medical records, witness accounts, contemporaneous notes, and the drafting file from whoever prepared the will. In capacity cases the test set out in Banks v Goodfellow still applies, and the burden of proof shifts depending on how suspicious the circumstances are.
Gathering that evidence takes time, which is one of the practical reasons the caveat exists. Six months is often enough to obtain the drafting solicitor’s file, request medical records, and take a view on whether a challenge has real prospects. If the evidence is thin, the responsible course is usually to let the caveat lapse and pursue a different route, such as a family provision claim.
Costs, Risks, and Sensible Expectations
Entering a caveat is cheap. Defending one after a warning can become expensive. Contentious probate cases are among the most costly disputes in civil litigation, because they combine document-heavy fact-finding with sensitive witness evidence and, often, expert reports on capacity or handwriting.
Costs in probate disputes usually follow the event, meaning the loser pays. There are exceptions where the estate itself bears the costs, particularly where the deceased or those who prepared the will caused the confusion, but those exceptions are narrower than many people assume. Anyone considering holding a caveat against a warning should have a candid conversation with their solicitor about likely costs and likely outcomes before pressing on.
Expectations should be realistic. Many caveat cases settle through mediation, often with a variation of the estate distribution. Others resolve when evidence gathered during the caveat period shows the challenge is not viable. Only a minority go to a full trial. We always try to steer clients toward a settlement that gives them the outcome they actually need, rather than a courtroom victory that consumes the estate.
How Curtis Legal Can Help
We advise both sides of the fence. We enter caveats for people who need to protect their position while questions are answered. We defend estates against caveats that have been entered without proper grounds. And we act as neutral advisers where a family wants a proper look at the evidence before committing to a fight.
Our approach starts with a full review of the will, the drafting file, the medical background, and the family history. We give an honest view of the strengths and weaknesses of the case, and we set out the likely costs of each route. That way you can decide, with your eyes open, whether a caveat is a stepping-stone to settlement, the start of litigation, or a step you would be better off not taking.
If the estate is at an earlier stage, our estate administration team can advise executors on how to progress work that does not require a grant while a caveat is in place. We also work closely with our wider contested wills team on the substantive challenge, and can bring in specialist input on inheritance tax where a settlement changes who receives what.
How long does a probate caveat last?
A caveat lasts six months from the date it is entered. It can be extended for further periods of six months at a time by applying to the Probate Registry before it expires. If it lapses, a fresh caveat can be entered where there are still proper grounds.
How much does it cost to enter a caveat?
The Probate Registry fee for entering a caveat is currently modest, at around three pounds when lodged online. The real costs arise later if a warning is issued and the caveat is defended, because that moves the matter into contentious probate proceedings.
Can a caveat be removed against my wishes?
Yes. An executor or other interested party can issue a warning through the Probate Registry. If the caveator does not enter an appearance within eight days, the caveat is removed automatically. If they do enter an appearance, only a court order or the caveator’s consent can remove it.
Do I need a solicitor to enter a caveat?
You do not need a solicitor to enter a caveat itself. The online form is straightforward. You should take legal advice before entering one, though, and certainly before responding to a warning, because holding a caveat without proper grounds can lead to a costs order against you.
Will a caveat freeze the deceased’s bank accounts?
No. A caveat only stops the grant of probate from being issued. Banks and other institutions may already restrict access without a grant, but the caveat itself does not create any freezing order. If assets need to be preserved urgently, a separate injunction may be needed.
What Will Probate Cost? Get an Estimate in 60 Seconds
Answer three quick questions and see a fee estimate based on the estate — no personal details required to start.
📊 Get Fee EstimateIf you are considering a caveat, or you have received a warning and need to decide how to respond, please call Curtis Legal on 0800 214 216. We offer a same-day callback and a clear, honest view of your options. You can also read the government guidance at gov.uk/wills-probate-inheritance. Whether you need to protect your position, defend an estate, or simply understand where you stand, we are here to help you make the right call for your family.
