Caveats in a Will

When a loved one passes away, the legal process of administering their estate begins. However, not all wills proceed smoothly. In certain cases, individuals may have serious concerns about the validity of a will or the conduct of those involved. To prevent a grant of probate from being issued prematurely, a legal tool known as a caveat can be used.

At Blackstone Solicitors, we assist clients in lodging and responding to caveats, helping protect their interests with strategic, time-sensitive advice.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“A very smooth transaction with excellent communication.”

– Duncan and Alison James

What Is a Caveat?

A caveat is a formal notice entered at the Probate Registry, preventing the issue of a grant of probate or letters of administration. It temporarily halts the administration of an estate, allowing time for investigations or negotiations regarding potential disputes.

Caveats are typically used when:

There are concerns about the validity of the will
A party suspects undue influence or lack of mental capacity
There are competing claims to administer the estate
Allegations of fraud or improper execution exist

Once entered, a caveat lasts for six months, unless withdrawn or extended. It is a powerful procedural tool and must be used responsibly.

Who Can Lodge a Caveat?

Any person with an interest in the estate can lodge a caveat, such as:

Individuals named in earlier wills
Potential beneficiaries under intestacy rules
Family members or dependants seeking provision under the Inheritance Act
People with concerns about the executor’s appointment or conduct

The process is relatively straightforward and can be done online or by post. However, legal advice is strongly recommended, as misuse of caveats can lead to costs orders or claims of unreasonable behaviour.

What Happens After a Caveat Is Entered?

Once in place, a caveat stops the estate from progressing through probate. The person seeking to administer the estate may:

Seek to resolve the underlying issue via correspondence or mediation
Wait until the caveat lapses or is removed
Serve a warning to the caveator, prompting a response

If a warning is served, the caveator must respond by entering an appearance, confirming their intention to defend their position. This escalates the matter and may lead to formal court proceedings if no resolution is reached.

Strategic Use and Removal

Caveats can be invaluable in protecting one’s position during disputes. However, they should not be used as tactical obstacles without merit. At Blackstone Solicitors, we advise clients on when to use caveats, how to respond to warnings, and what alternatives, such as standing searches or citations, may be more appropriate.

Removing a caveat may occur through:

Mutual agreement between parties
A court order following contested proceedings
Allowing it to expire if not renewed

Supporting You Through Probate Disputes

Whether you are considering entering a caveat or seeking to challenge one, our experienced team is here to guide you. We understand the sensitivities and urgency involved, ensuring that your rights are protected and disputes handled with care.

At Blackstone Solicitors, we balance technical probate expertise with a strategic and compassionate approach, helping clients across England and Wales find clarity during uncertain times.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice on caveats and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to caveats. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.