The word ‘caveat’ is Latin and means literally ‘let him beware’. In terms of will disputes, it means a notice in writing, lodged with a Probate Registry, to prevent a grant of probate being issued.

If someone has died and left a Will, it needs to be ‘admitted to probate’. This means that the executor of the Will needs to file various documents including the original Will with the Probate Registry, which will then issue a grant of probate. The grant is the document that gives the executor legal authority to act, eg to sell the deceased’s property.

If someone has a concern that the Will may not be valid or as to who should administer the estate, then they should take steps as soon as possible to lodge a caveat using form PA8A for the princely sum of £3. You do not need to instruct a solicitor to do this.

The ‘caveator’ will be notified of an application for a grant and given the opportunity to object to the issue of a grant. The caveat last for 6 months and unless it is renewed before the end of that period (using form PA8B) it lapses.

Once a caveat has been entered, the person seeking to admit the Will to probate can take action to remove the caveat. How do they do that? Firstly, they could wait the 6 months and hope the caveat isn’t renewed. Or, it can be ‘warned off’; the executor can file a ‘warning’ with the Probate Registry by completing a Form 4. A copy of the warning must then be served on the caveator either personally or by post.

Then the caveator has 14 days lodge an ‘appearance’, another form which needs to set out their contrary interest in the estate; why they say they are entitled to oppose the issuing of a grant. This might be if they were a beneficiary under a previous Will of the deceased, which would be valid if the Will in dispute was not.

If the caveator has no contrary interest but wants to oppose the grant, perhaps because they are also entitled to take out the grant, and do not want the grant being issued to the applicant, they can issue a ‘summons for directions’ usually within the 14 day warning-off period.

If, on the other hand, the caveator does nothing within the period, the person who issued the warning can file an affidavit or witness statement to confirm that they served the warning. The caveat will then cease to have effect and the application for a grant can proceed.

If the caveator enters an appearance to the warning, no grant can be issued without an order of the court.

The details can be a little confusing, but the most important ‘takeaway’ is that if the validity of a Will is being challenged, it’s important to understand what the legal grounds are for that challenge and to instruct a specialist contentious probate solicitor to investigate quickly.

Sarah Young – Solicitor & Director