A caveat is a tool used to prevent grants of probate or letters of administration from being issued whilst a dispute is being investigated. In other words, it puts the estate administration process on hold whilst a potential claimant considers what evidence is available to support their claim. Caveats can be a useful safeguard, but they should only be used where there is a proper reason. If a caveat is entered without justifiable grounds, it can unnecessarily delay the administration of the estate, increase expenses, and expose the person who entered the caveat to criticism. They may also have to pay the other side’s legal costs.

When a Caveat May Be Appropriate

A caveat may be the right step if there is a real concern that needs to be dealt with before probate goes ahead. For example, it may be sensible where there are concerns about the capacity of the person who has died, possible undue influence, suspected fraud, uncertainty about whether the will is the latest will, or a dispute about who is entitled to apply for the grant. It may also be justified where there are serious concerns that the proposed executor or administrator is unsuitable to act.

When It Can Become a Problem

A caveat can become a problem if it is entered without a genuine legal basis, or if it is kept in place after it becomes clear that there is not enough evidence to support it. It should not be used to gain leverage in family discussions, delay the estate, or put pressure on others. It may also be the wrong step if the real issue is a financial provision claim against the estate rather than whether probate should be granted. A person who enters a caveat but then fails to investigate, produce evidence, or advance a proper challenge risks being regarded as acting unreasonably.

If a caveat is challenged, the person who entered it should carefully consider whether there is enough evidence to justify keeping it in place. If not, the dispute can quickly become more stressful and expensive.

If the court decides there was not a good reason for the caveat, or that it should have been withdrawn sooner, the person who entered it may be ordered to pay some or all of the other side’s legal costs. That is why a caveat should only be used where there is a clear and genuine concern.

Before Entering a Caveat

Before entering a caveat, think carefully about why probate needs to be paused and whether another legal step may be more suitable.

  • Be clear about why you want to stop probate.
  • Gather enough information to show the concern is genuine.
  • Do not use a caveat as a way to put pressure on others.
  • If the caveat is challenged, review the situation carefully.
  • Remove the caveat if the evidence does not support it.
  • Consider whether a different legal step would be more appropriate.

If you are unsure whether entering a caveat is the right step to take, getting legal advice at an early stage can help you understand your options and avoid unnecessary delay or cost. For help and advice, contact our dispute resolution team on 0116 289 7000 or email info@bhwsolicitors.com.


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