Navigating the loss of a loved one is hard enough without the added stress of disputes over their will or estate. If you find yourself questioning the validity of a will, or who should be in charge of administering the estate, entering a caveat can be a powerful step. But it’s not a tool for every situation, and using it wrongly can backfire. Here’s how to approach caveats with confidence, avoid common pitfalls, and make sure your actions are both effective and fair.
What Is a Caveat and When Should You Use One?
A caveat is a formal notice that stops the probate process in its tracks. It’s designed for cases where there’s a genuine dispute about the will itself or about who should be responsible for managing the estate. Once entered, a caveat prevents the court from issuing a grant of probate or letters of administration for six months. You can renew it if the issue isn’t resolved.
Let’s look at some real-life scenarios:
Will validity is in doubt: Suppose your elderly father signed a new will just weeks before passing, and you believe he lacked mental capacity or was pressured by someone. Or perhaps the will you’ve seen is only a photocopy, not the original, and you’re worried about forgery or improper execution. In these cases, a caveat gives you time to gather evidence and challenge the will’s validity.
Dispute over who should act: Imagine two siblings, both named as executors, but they can’t agree on who should take the lead. Or maybe there’s confusion because the will doesn’t clearly appoint anyone, and several relatives are putting themselves forward. A caveat pauses everything until the dispute is sorted.
Promises about property: If your late mother promised you the family home, but her will leaves it to someone else, you might have a proprietary estoppel or trust claim. Entering a caveat gives you breathing space to investigate and potentially bring a claim.
When Is a Caveat the Wrong Tool?
Not every disagreement justifies a caveat. If your concern is simply that you’re not getting enough from the estate, or you want a bigger share, a caveat isn’t the answer. In these cases, the right route is usually a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This lets you ask the court for reasonable financial provision, but doesn’t block probate.
It’s also risky to use a caveat just to buy time or delay things without a solid reason. Courts can order you to pay costs if you’re found to be acting unreasonably or vexatiously. Only enter a caveat if you have a genuine, good-faith dispute.
How to Enter a Caveat: Step-by-Step
The process is straightforward, but it’s important to get the details right:
Apply online or by post: You’ll need the full name, date of death, and last address of the deceased. There’s a small fee to pay. You don’t need to submit evidence at this stage—just the basic details.
Initial duration and renewal: The caveat lasts for six months. If the dispute isn’t resolved, you can renew it for further six-month periods. Mark your calendar so you don’t miss the renewal deadline.
Warnings and appearances: If someone (usually an executor) wants to challenge your caveat, they can issue a “warning.” This is a formal notice requiring you to state your grounds for the caveat. You must respond by entering an “appearance”—a short statement explaining your interest and reasons. If you don’t, the caveat may be removed and probate can proceed.
Resolution: The caveat stays in place until you withdraw it, it lapses, or the court decides the dispute. Sometimes, parties agree to a “limited grant” so an independent person can investigate the issues without full probate going ahead.
Practical Tips for Managing a Caveat Dispute
Keep a clear chronology: Write down key dates and events—when the will was signed, who was present, any medical issues, and conversations about the estate. This helps you stay organised and makes your case stronger.
Gather evidence early: If you’re challenging a will’s validity, collect medical records, statements from witnesses, and any documents about the will’s execution. If you’re claiming a promise was made about property, look for letters, emails, or other proof.
Engage with the other side: Sometimes, disputes can be resolved by agreeing to appoint a neutral administrator or by issuing a limited grant. This avoids expensive and stressful court proceedings.
Be realistic about outcomes: Not every caveat leads to a full-blown trial. Many are resolved by negotiation or mediation. Stay open to compromise if it means a fair result for everyone.
Examples to Bring It to Life
Example 1: Sarah’s father died, leaving a will that named her stepmother as sole executor. Sarah believes her father was suffering from dementia when the will was signed. She enters a caveat, gathers medical records, and asks the GP for a statement. The stepmother issues a warning, and Sarah responds with an appearance. Eventually, they agree to appoint a solicitor as a neutral administrator while the dispute is investigated.
Example 2: Tom’s uncle promised him the family farm, but the will leaves it to Tom’s cousin. Tom enters a caveat and starts collecting evidence of the promise—old letters, emails, and statements from neighbours. The parties agree to a limited grant so Tom can bring a proprietary estoppel claim.
Key Takeaway
Caveats are a serious step and should only be used when there’s a real dispute about the will’s validity or who should administer the estate. If your concern is about financial provision, a 1975 Act claim is usually the better route. Always keep clear records, act in good faith, and be prepared to explain your reasons if challenged.
Disclaimer: This article is for general information only and does not constitute legal, financial or tax advice. Every estate is different, and outcomes depend on your specific circumstances. Take time to familiarise yourself with the rules and keep your paperwork up to date.
Navigating probate disputes can feel overwhelming, but with a clear plan and the right approach, you can protect your interests and honour your loved one’s wishes.