How do I stop an estate being administered?- How do I put in a caveat?

Tom Dickinson, Partner Wills, Trusts & Estates | September 17, 2018

If you believe that a will is invalid or have concerns about the people who intend to apply for a Grant, you may wish to enter a caveat. You can do so at any time before a Grant is sealed by the Probate Registry but you must be over 18.

The effect of a caveat is that no application for a Grant can proceed until your caveat is removed or a period of six months has passed (at which point you can apply to extend your caveat for a further six months if necessary).

This can be a useful tool to buy you time to investigate your claim and try to resolve your concerns. It is always preferable to resolve such claims at this early stage.

Entering a caveat is a straightforward process. You can enter a caveat in person or through a solicitor at any Probate Registry or sub-registry. It can also be done by post. A copy of the form can be found online through the link below and the fee is currently £20:

https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2257

However, it is always important to proceed with an air of caution. If you are later served with a warning (the procedure of which is dealt with in our blogs) you must be able to state your genuine grounds for entering the caveat. If you are unable to do so it may result in contentious probate proceedings being started, and a costs order being made against you by the Probate Registry.

We would recommend that you seek legal advice before taking any action. If you require assistance, please do not hesitate to contact a member of our Contentious Probate team.

Please note

The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, expressed or implied.