Caveat (Probate)
A notice entered at the Probate Registry to stop a grant of probate being issued, for example where there is a dispute about who is entitled to apply or whether a valid will exists. It lasts six months from entry and can be extended.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Anyone with a potential interest in an estate — including an executor named in a will, another interested party, or a probate practitioner acting for one — can apply to stop a probate application being issued, commonly known as 'entering a caveat', using form PA8A. It can be lodged before or after a probate application has been made, and once entered the registrar will not allow a grant to be sealed while the caveat remains effective.
A caveat is only a holding measure: under the Non-Contentious Probate Rules 1987 it is effective for a period of six months from the date of entry, and a caveator who wants to keep it in place must apply to extend it before it expires, using form PA8B, after which it runs for a further six months. If someone with an interest in the estate wants to challenge the caveat, they can issue a 'warning' requiring the caveator to state their contrary interest, which can ultimately lead to a probate action if the dispute is not resolved.
Related terms
Official sources
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