Probate caveats: how to stop a grant, and how to challenge one

Last updated 3 September 2026

Reviewed by the After Loss Guide editorial team · updated 3 September 2026

Researched from primary sources. See our editorial policy.

If you think someone is about to be wrongly granted probate – because the will looks doubtful, the wrong person is applying, or you’re not convinced a will exists at all – you can stop the grant being issued by entering a caveat at the Probate Registry. It’s a formal legal step, not a phone call or a letter of objection, and it has real consequences for everyone involved.

This guide explains what a caveat does, who can enter one, what it costs, how long it lasts, and what happens next – both if you’re the one entering it and if one has been entered against your own probate application.

What a caveat does

A caveat is a notice lodged at the Probate Registry that stops a grant of probate or letters of administration being issued for a specific estate. Once it’s recorded, HM Courts and Tribunals Service (HMCTS) will not process any application for a grant on that estate while the caveat is in force (gov.uk – Stopping a probate application).

It doesn’t resolve a dispute. It freezes the situation – no grant can be issued, which means no one can start dealing with the estate’s bank accounts, property, or other assets – while the underlying disagreement gets sorted out, either by agreement or through the courts.

Common reasons to enter a caveat:

  • You believe the will is invalid – for example, you doubt the person had the mental capacity to make it, suspect undue influence, or believe it wasn’t properly signed and witnessed
  • You believe a more recent will exists that hasn’t been put forward
  • You dispute who has the right to apply – for example, someone applying as an intestacy administrator when you believe a valid will names a different executor
  • You have concerns that the person applying may mishandle the estate or isn’t entitled to act

Entering a caveat is a serious step. Gov.uk is direct about this: “Entering a caveat can lead to legal action and legal costs. You should try to come to an agreement with the person applying for probate first” (gov.uk – Stopping a probate application).

Quick reference

Question Answer
Who can enter one? Anyone aged 18 or over with an address in England and Wales (or represented by a probate practitioner with a business address there)
Cost £4.00 (form PA8A, 2026)
How long it lasts 6 months initially; can be extended for a further 6 months
How to apply Online, by post (form PA8A), or by appointment at a probate registry
How the other side responds By issuing a "warning" – the caveator then has 14 days to enter an appearance or the caveat lapses

How to enter a caveat

You must be 18 or over. You can do it yourself, use a solicitor, or use another person licensed to provide probate services. If you don’t have an address in England and Wales and aren’t represented by a probate practitioner with a business address there, you cannot enter a caveat (gov.uk – Application to enter a caveat, form PA8A).

If you’re applying yourself, you can:

  • Apply online through the gov.uk service
  • Apply by post using form PA8A
  • Make an appointment to visit a probate registry in person

The application fee is £4.00 (gov.uk – form PA8A, 2026 edition). If you’re on a low income or have limited savings, you may be able to apply for help with the fee through the same Help with Fees scheme used for the standard probate application (gov.uk – Apply for help with court and tribunal fees) – see our guide to probate costs for how that scheme works more broadly.

Once lodged, the caveat is recorded against the estate and stops any grant being issued while it remains in force. There is no need to explain your reasons on the form itself, but you should be prepared to justify the caveat if it’s challenged.

How long a caveat lasts

A caveat lasts 6 months from the date it’s entered. If you want it to continue beyond that, you must apply to extend it for a further 6 months using form PA8B, submitted in the month before the original caveat expires (gov.uk – Stopping a probate application).

If you take no action and don’t renew it, the caveat simply lapses at the 6-month mark and the probate application can proceed as normal.

What happens if you’re the one applying for probate

If someone has entered a caveat against the estate you’re trying to administer, your application will not proceed while it’s in force. You have two main options.

Try to resolve it directly

Gov.uk’s guidance to both sides is the same: try to reach an agreement before escalating. A caveat is often entered because of a genuine, resolvable misunderstanding – for example, the caveator wasn’t aware a later will existed, or hadn’t been told who the named executor was. A phone call or a solicitor’s letter clarifying the position can resolve many caveats without further formal steps.

Issue a warning

If agreement isn’t possible, you can force the issue by issuing a warning. This is a formal step:

  1. Request the warning form from the Leeds District Probate Registry (phone 0300 303 0648, Mon–Fri 9am–1pm, or email leedsdprenquiries@justice.gov.uk)
  2. Complete it, setting out your interest in the estate and entitlement to apply for probate
  3. Submit it to the registry for official recording and stamping
  4. Deliver it to the person who entered the caveat – by post or in person; email doesn’t count as valid service
  5. Keep a record of when and how you delivered it, since you may need to prove this later

Once served, the caveator has 14 days to respond. They have two options:

  • Enter an appearance – setting out a “contrary interest” (disputing the will’s validity or your right to apply). If the registrar accepts this, the caveat becomes a permanent caveat, which can then only be removed by agreement between both sides or by court order.
  • Issue a summons – if they claim an equal entitlement to apply, or dispute your suitability to act. The registrar then decides who may apply.

If the caveator does nothing within 14 days, you submit a statement confirming when and how the warning was served. Once HMCTS confirms there’s been no response, the caveat is removed and your probate application can go ahead (gov.uk – Respond to a challenge against your probate application).

Removing your own caveat

If you entered a caveat and no longer want to pursue it – for example, the dispute has been resolved – you can withdraw it at any time. A written request to the probate registry that recorded it is generally sufficient to have it removed, allowing the estate to proceed.

Caveat vs contesting a will

A caveat and a will dispute are related but different things. The caveat is a procedural block – it stops the grant being issued while a dispute is being sorted out. It doesn’t itself decide whether a will is valid or who should administer the estate.

If the underlying issue is that you believe a will is invalid, forged, or was made without proper mental capacity, a caveat is usually the first step, not the end point. You’ll then need to pursue the substantive dispute – potentially through the courts – to resolve who is entitled to the grant. See our guide to contesting a will for how that process works.

Because entering a caveat, and defending against one, can escalate into a wider legal dispute, both sides should think carefully before acting. Gov.uk warns that entering a caveat “can lead to legal action and legal costs” (gov.uk – Stopping a probate application). If a caveat becomes permanent, resolving it usually requires solicitors on both sides, and potentially a court hearing.

For a straightforward case where the dispute is genuinely resolvable by conversation, you may not need a solicitor at the caveat stage. Once a warning has been issued and an appearance entered, most people take legal advice, given what’s at stake for the estate and the potential costs involved. Our guide to probate costs covers what solicitors typically charge for contentious probate work.

Scotland and Northern Ireland

This guide covers England and Wales. Scotland has a different system – there is no direct equivalent to the caveat, and objections to confirmation (the Scottish equivalent of probate) work differently through the local sheriff court. Northern Ireland has its own caveat process, broadly similar in principle but administered separately through the Probate and Matrimonial Office – see nidirect – Stopping a probate application (caveat) for the Northern Ireland process.

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