Probate actions—caveats
Probate actions—caveats

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Probate actions—caveats
  • Caveats
  • Reasons for entering a caveat
  • Procedure

Caveats

A caveat is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry.

Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate.

By lodging a caveat, the caveator will be notified of an application for a grant and given the opportunity to object to the issue of a grant.

Once a caveat has been entered, the onus moves to those seeking to prove the Will to take action to remove the caveat, as it prevents a grant being issued until the caveat has been removed by:

  1. the non-appearance of the caveator to the warning

  2. the withdrawal of the caveat by the caveator

  3. an order of a district judge, registrar or High Court judge

  4. the expiration of six months from the date of entry or effective extension of the caveat

See below on Procedure.

Reasons for entering a caveat

A caveat may be entered:

  1. to give the caveator time to make enquiries and obtain information to decide if there are grounds for opposing the grant

  2. to give any person interested in the estate the opportunity to bring a question in respect of the grant before the court on summons

  3. as a preliminary step