How to Stop Probate: Entering a Caveat

What is a probate caveat?

A caveat is a notice entered at the Probate Registry that stops a grant of probate, or a grant of letters of administration, being issued on an estate. It lasts six months at first and can be extended, and while it is in place no one can obtain the authority they need to collect in and distribute the estate (gov.uk, stopping a probate application, as at July 2026, subject to change). It pauses matters rather than deciding them.

When can you enter a caveat to stop probate?

A caveat is meant for a real dispute or doubt about the estate, not to cause delay. Common grounds include a concern that the will-maker lacked mental capacity or was unduly influenced, that a will was forged or tampered with, a dispute with the person applying, or a doubt about whether that person is entitled to apply where there is no will (gov.uk, stopping a probate application, as at July 2026, subject to change).

Capacity or undue influence. A concern that the person who made the will did not understand it, or was pressured.

A questioned document. A worry that a will was forged, altered or is not the last valid one.

Who should administer. A dispute over whether the applicant is entitled or suitable to act.

No valid will. A question over who is entitled to apply under the intestacy rules.

gov.uk is clear that entering a caveat can lead to legal action and legal costs, and it suggests trying to reach agreement with the person applying for probate first (gov.uk, as at July 2026, subject to change). Because these disputes can become contested and expensive, it can be worth discussing the position with a qualified professional, such as a solicitor, before entering one.

How to enter a caveat

You can apply online through the probate service or by post using form PA8A, and it costs £3 to enter a caveat (gov.uk, form PA8A, as at July 2026, subject to change). You need to be 18 or over Source: gov.uk, as at July 2026, subject to change., and you give your own details and the details of the person who has died. A caveat lasts six months and can then be extended for a further six months (gov.uk, apply for a caveat, as at July 2026, subject to change).

An extension costs £3 and, per gov.uk, can generally only be applied for in the last month before the caveat is due to expire (gov.uk, apply for a caveat, as at July 2026, subject to change). Many people use the six months to take advice or try to settle the underlying disagreement rather than let it run on.

What happens if the caveat is challenged?

A caveat can be challenged by the person seeking probate through a step called a warning. They ask the Leeds District Probate Registry for the form, set out their interest in the estate, and serve the warning on the person who entered the caveat. That person then has 14 days, including weekends and bank holidays, to respond (gov.uk, respond to a challenge, as at July 2026, subject to change).

If the person who entered the caveat has a genuine interest against the will, such as a belief that it is invalid, they can enter an appearance, which can make the caveat permanent until the dispute is resolved through the court. If they do not have such an interest but still question the applicant's suitability, they can issue a summons instead. If they do nothing within 14 days, the caveat can be removed and the probate application continues (gov.uk, as at July 2026, subject to change).

A worked example (illustration only). A daughter suspects a late-signed will does not reflect her father's wishes and worries probate is about to be granted. She enters a caveat online for £3, which pauses any grant for six months (gov.uk, as at July 2026, subject to change). The named executor issues a warning, giving her 14 days including weekends to respond (gov.uk, as at July 2026, subject to change). Because she believes the will is invalid, she may enter an appearance, which can keep the caveat in place while the dispute is resolved. Every case differs, so this is general information rather than guidance for any real dispute.

How is a caveat ended or removed?

A caveat can end in several ways: it can lapse after six months if it is not extended, the person who entered it can withdraw it, or it can be removed after a warning where no appearance is entered (gov.uk, apply for a caveat, as at July 2026, subject to change). Where an appearance is entered, the caveat can become permanent and generally only a court order or agreement between the parties will lift it. Many people use the pause to negotiate rather than to litigate.

Is a caveat the right route?

A caveat is one tool, and it is not always the right one. It is aimed at stopping a grant before it is issued, for example where there is a real question over the will's validity or who should administer the estate. It is not the way to raise a financial-provision claim, and it is not a substitute for contesting a will in court. Where the concern is about how an existing administrator is behaving, removing an executor may be the more suitable path. One option some consider is taking advice early on which route fits the situation.

Because a caveat can turn a disagreement into contested litigation, gov.uk itself suggests trying to reach agreement first (gov.uk, as at July 2026, subject to change). It can be worth discussing the options with a solicitor before acting, particularly where relationships within a family are already strained.

Caveats in Scotland and Northern Ireland

This guide describes the process in England and Wales. Northern Ireland has its own but broadly similar caveat process, applied for through its own probate service (nidirect, stopping a probate application, as at July 2026, subject to change). Scotland is different again: it uses confirmation rather than a grant of probate, with its own procedures and its own succession law, so the English caveat process does not apply in the same way. Where an estate touches more than one UK nation, it can be worth taking advice in each.

Frequently asked questions

How do you stop probate being granted?

You enter a caveat at the Probate Registry, online or by post on form PA8A, which prevents a grant of probate being issued for six months while a concern is looked into. It costs £3 (gov.uk, as at July 2026, subject to change). gov.uk suggests trying to reach agreement with the applicant first, as a caveat can lead to legal action and costs.

How much does it cost to enter a caveat?

It costs £3 to enter a caveat, and an extension also costs £3 (gov.uk, apply for a caveat, as at July 2026, subject to change). The application fee is modest, but a contested caveat can lead to further legal action and legal costs, so many people weigh the wider expense before proceeding and often take advice on the likely outcome first.

How long does a caveat last?

A caveat lasts six months from the date it is entered, and it can then be extended for a further six months (gov.uk, as at July 2026, subject to change). Per gov.uk, an extension generally can only be applied for in the last month before the caveat expires, and it also costs £3. If it is not extended, it lapses.

What is a warning to a caveat?

A warning is a formal step by the person seeking probate that challenges the caveat. They obtain the form from the Leeds District Probate Registry, set out their interest, and serve it on the person who entered the caveat, who then has 14 days including weekends and bank holidays to respond (gov.uk, as at July 2026, subject to change).

Can a caveat be removed?

Yes. A caveat can lapse after six months if not extended, be withdrawn by the person who entered it, or be removed after a warning where no appearance is entered within 14 days (gov.uk, as at July 2026, subject to change). Where an appearance is entered, it can become permanent and generally only a court order or agreement will lift it.

Is a caveat the same as contesting a will?

No. A caveat pauses a grant of probate while a concern is investigated, whereas contesting a will is the wider court process of challenging its validity or making a claim against the estate. A caveat can be a first step where there is a genuine dispute, but it is not itself the challenge. Many people take advice on which route suits their circumstances.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.