Lodging Caveats Against Estates: A Practical Guide
Disputes can arise following a death, particularly where there are questions about a Will or the administration of an estate. If you are concerned that your position may be overlooked during the probate process, lodging a caveat can be an effective way of protecting your interests while matters are investigated.
At Barwells, our Litigation Department regularly advises clients on caveats and probate disputes, helping them secure the time and clarity needed to resolve issues properly.
What Is a Caveat?
A caveat is a formal notice entered at the Probate Registry which prevents a grant of probate or letters of administration from being issued. Once a caveat is in place, the Registry must notify the person who lodged it before any grant can proceed.
In practical terms, a caveat puts the administration of the estate on hold until any concerns have been addressed.
When Might a Caveat Be Appropriate?
A caveat may be suitable where, for example:
- You have concerns about the validity of a Will, such as issues around mental capacity or undue influence
- There is a dispute over who should act as executor or administrator
- You have an interest in the estate which you believe may be ignored or prejudiced
It is important to understand that a caveat does not resolve the underlying dispute. Its purpose is to pause the probate process and give you time to make enquiries and consider your next steps.
How Does the Process Work?
The process itself is relatively straightforward:
- Application: A caveat can be lodged with the Probate Registry online or by post
- Fee: The current fee is £3
- Duration: A caveat lasts for six months and can be renewed if necessary
However, a caveat should only be used where there is a genuine dispute. If it is challenged, you may be required to justify why it remains in place, and there is a risk of costs if it cannot be properly supported.
What Happens After a Caveat Is Lodged?
While a caveat remains in force, no grant of probate can be issued. This often prompts discussion between the parties and may lead to negotiation or settlement. In some cases, court proceedings are required.
Our role is to protect your position while working towards a proportionate and practical resolution wherever possible.
How Barwells Can Help
Our litigation solicitors have experience advising on probate disputes and the use of caveats. We provide clear, pragmatic advice tailored to your circumstances, guiding you through what can be a sensitive and complex area.
If you would like advice on lodging a caveat or resolving a dispute involving an estate, please contact our Litigation Department on 01323 875050 or litigation@barwells.com to discuss how we can assist.
Blog by Holley Henden
