Legal News | 23.04.26
When probate meets a roadblock
Recent figures show a 12% rise in applications for probate caveats, matched by a corresponding rise in probate disputes amongst families who may be concerned about the validity of a loved-one’s Will, its execution or the potential for undue influence in its preparation.
A caveat is a notice that prevents a grant of probate or letters of administration being issued. It is typically used when there are concerns about:
- who is entitled to apply for probate;
- whether a Will exists;
- whether the Will is legally valid; and
- the deceased’s capacity or potential undue influence when preparing their Will.
Once entered, a caveat halts the probate process, delaying the personal representatives from obtaining the grant and administering the estate. This pause allows beneficiaries time to seek advice, gather evidence about the preparation and execution of the Will, and make further investigations as to its validity. The Probate Registry cannot issue a grant until the caveat is removed (that is unless there is reason why a grant is urgently needed and in which case a limited form of grant may be authorised).
A caveat lasts six months (potentially renewable for a further six months), costs just £3 and involves a straightforward application to the local district probate registry. In appropriate circumstances, they can be useful tools for halting the probate process where there are genuine concerns about the validity of the deceased’s Will.
However, they may not be suitable in all circumstances and could be disadvantageous where someone wishes to bring a claim for ‘reasonable financial provision’ under the Inheritance (Provision for Family and Dependants) Act 1975) due to the deadlines involved in making such applications.
If you are a personal representative or family member of a deceased loved one and require assistance in the estate’s administration (including advice around a caveat application), please contact the Private Client team at Wansbroughs on wealth@wansbroughs.com.
