Caveats
Enter a Caveat & Stopping a Probate Application
A caveat is a formal legal notice that prevents a Grant of Probate or Letters of Administration from being issued. It is commonly used in contentious probate situations to delay the administration of an estate while concerns are investigated, often relating to the suitability of the person applying to administer the estate.
When used appropriately, a caveat can provide vital time to consider legal action and preserve your ability to bring a claim. However, if entered without justification, it can cause unnecessary delay, disrupt estate administration, and lead to cost consequences for the person who lodged it.
At Lupton Fawcett, our specialist probate dispute lawyers advise both those seeking to enter a caveat and those who need help challenging or removing one. We offer expert guidance on the correct use of caveats and ensure your interests are protected, whether you’re pursuing a claim or defending an estate.
To speak with a solicitor about entering or removing a caveat, call us on 0113 280 2283 or complete the form below. We are ready to help.
Important Considerations
Caveats can be a valuable safeguard in contentious probate disputes, but they must be approached with caution. Lodging one without proper grounds can cause significant delays to the administration of an estate, increase legal costs, and even result in an adverse costs order against the person who entered it.
Before taking this step, it is important to consider whether there is a real risk that the estate might be administered incorrectly if the Grant of Probate is issued, whether you have a clear and valid legal reason for holding up the probate process, and whether your concerns are genuine, well-founded, and backed by reliable evidence.
Once entered, a caveat will prevent any Grant of Probate or Letters of Administration from being issued, effectively putting a stop to the sale or distribution of estate assets. While this may be necessary to protect your position, it can also create difficulties, especially if the estate contains time-sensitive assets such as property that is deteriorating in condition or there are looming tax deadlines.
If you are unsure whether a caveat is the right course of action in your circumstances, or you wish to challenge one that has been lodged, our specialist solicitors can give you clear, expert advice and act swiftly to protect your interests.
“Sam (Hirst) represented me and my family in connection with some issues with my late fathers estate. We found Sam to be a good listener and could rely on her to come up with solutions to resolve the issues we faced, she was professional and reassuring at all times. Sam made a very hard time much easier to deal with and I would recommend her to anyone in a similar situation.”
“From my very first contact with Kate she was personable, warm and reassuring whilst being completely professional. She was a very safe pair of hands in extremely choppy waters. The experience was profoundly challenging and I needed the knowledgeable support from Kate which I received unfalteringly always with empathy and humanity. I highly recommend her.”
“I strongly recommend and can provide references to anyone thinking of hiring Sam (Hirst) to help navigate a probate / family dispute. She is calm, expert and always on point. She is a complete star of a solicitor and I cannot recommend her more highly. Very satisfied clients”
“I have known Kate Saunders who worked with IDR Law, for 5 years after my late husband passed away. Even though she is now with Lupton Fawcett, I followed her to her new company. She is not just a lawyer, she educated me about litigation law and really made sure she understood my difficult situation. Kate is very helpful and has a kind heart. Kate has a very high level of expertise and lots of experience. So wherever Kate is, I will always follow her.”
“I highly recommend Sam (Hirst) for conduct of family inheritance / property disputes. We would have been lost without her calm and wise manner. It is obvious from the get go that she is used to dealing with contested matters between relatives. Sam’s expertise and practical approach was both reassuring and effective to achieve the resolution that was in the best interests of everyone. She was also 100% accurate with her costs estimate! Very happy client, thank you Sam!”
“Kate is efficient, pragmatic and sensitive to the needs of her clients and the idiosyncrasies of opponents. It is the perfect combination for contentious trusts and probate work. She is exceedingly warm and friendly. This not only makes her easy to work with in a team, but frequently disarms opponents and leads to achieving great results for her clients.”
“Sam (Hirst) is one of the best probate dispute lawyers I have ever come across. Sam’s ability to calmly stride through complex legal and family issues – is a rare talent. She is also responsive, caring and cost aware at all time. A superb mix and I was very lucky to find her for my client.”
“I can confidently recommend Kate Saunders for dealing with litigation in trust disputes. She assisted me in my claim against a fellow trustee for not co-operating in administering the Trust. Kate’s expertise enabled an efficient conclusion with the Court. Kate has a sharp mind and was able to clearly establish the lagal principles and advise on the best course of action to obtain the outcome I needed.”
How do I remove a Caveat?
Once lodged, a caveat remains in place for six months. It can be renewed by the caveator (the person who entered it) before expiry but if it is not renewed in time, it will lapse automatically.
A caveat can be removed in one of the following ways:
Some of the most common causes of probate disputes include:
If you are an executor or beneficiary affected by a caveat and believe it should not have been lodged, we can act quickly to challenge it. Likewise, if you are the caveator and wish to protect your position, we can advise you on how to respond to a challenge or extend the caveat where necessary.
Caveat disputes can be time-sensitive and procedurally complicated. Our team will explain your options clearly and take swift steps to secure the best outcome for you.
Frequently Asked Questions about Caveats in Probate Disputes
A caveat lasts for six months from the date it is entered. It can be renewed for further six-month periods if needed, but if it is not renewed, it will expire automatically.
No. A valid caveat will prevent any Grant from being issued until it is removed, withdrawn, or allowed to expire. However, in limited circumstances, a special form of grant (Grant ad Colligenda Bona) may be obtained for specific urgent actions, such as preserving estate assets.
While it is possible to lodge or respond to a caveat yourself, legal advice is strongly recommended. Caveat disputes are time-sensitive and procedural. Mistakes can delay the estate or expose you to cost risks. Our solicitors can ensure your position is properly protected from the outset.
Yes. Caveats can be lodged online via the HMCTS MyHMCTS platform or by submitting a paper form to the Probate Registry, along with the required fee. We can assist you with the process to ensure it’s done correctly and for the right legal reasons.
No. A caveat is not a legal claim, it simply delays probate. It gives you time to explore or prepare a claim, such as contesting who should act as executor. Entering a caveat is often the first step in a broader contentious probate matter.
If a caveat is challenged by way of a warning, the person who entered it must respond by entering an appearance, confirming they intend to defend it. If no appearance is entered within 14 days, the caveat may be removed by court order. We can guide you through either side of this process.
Yes, more than one person can enter a caveat, particularly if there are several parties with concerns about the same estate. Each caveat must be valid and justified, and each may need to be dealt with individually if challenged.
Contact our Estates & Probate Dispute Solicitors today
Whether you are thinking about entering a caveat or facing one that has disrupted the probate process, getting the right legal advice early can make all the difference. These situations often arise during already difficult times, and when handled incorrectly, caveat disputes can quickly escalate and affect the administration of the entire estate.
At Lupton Fawcett, we provide clear, strategic advice tailored to your individual circumstances. We regularly advise executors, beneficiaries, and family members involved in estate disputes across England and Wales.
With offices in Leeds, Sheffield, and York, we are proud to serve clients across Yorkshire, including in Bradford, Hull, Harrogate, Doncaster, and Wakefield. We also act for clients across the wider region and nationally, including in London, Birmingham, Manchester, and Nottingham. Our team regularly advises international clients with estate disputes involving assets or proceedings in England and Wales.
To arrange a confidential consultation, call us today on 0113 280 2283, email us, or complete the enquiry form below. We are here to help.
“Lupton Fawcett go to great lengths to explain the legal framework surrounding the issue in question, including the pitfalls, and then work with you to agree a strategy to achieve a satisfactory outcome.”
The Legal 500