How to stop a Grant of Probate: lodging a caveat and next steps

When someone dies, the executor normally needs a Grant of Probate to collect assets and distribute the estate. If you have serious concerns about the will or the person applying for probate, you can take steps to stop a Grant of Probate by lodging a caveat at the Probate Registry. This guide explains what a caveat does, when to use one, the practical steps to take and what happens next in England and Wales.

What is a caveat and how does it work?

A caveat is a formal notice that you file with the Probate Registry to prevent a Grant of Probate being issued for six months. The registry will notify you if an executor applies for the Grant while the caveat is in place, so you have the opportunity to raise an objection. A caveat does not decide the dispute, but it buys you time to gather evidence and seek advice.

When you might want to stop a Grant of Probate

You should consider stopping a Grant of Probate if you have genuine, evidence-based concerns, for example:

• The will may be invalid because it was not properly signed or witnessed.
• The deceased lacked testamentary capacity when the will was made.
• You suspect undue influence, forgery or that the will was tampered with.
• The deceased made a later will, or you believe a more recent version exists.
• You believe the person applying to be executor is not fit to act.

These are serious matters. If you are unsure, speak to a solicitor experienced in wills and probate before lodging a caveat.

How to lodge a caveat

To lodge a caveat you must complete the form for a caveat at the Probate Registry and provide your contact details and the reasons for the caveat. The registry will accept the caveat and record the date. You do not need to be a solicitor to file one, but you must have a credible reason. If you cannot provide any grounds, the executor can ask the registry to proceed with the Grant.

For official guidance, see the government page on caveats: Use a caveat to stop the Probate Registry issuing a Grant.

Practical example

Suppose you find a copy of a later will among the deceased's papers. If you lodge a caveat quickly, the Probate Registry will not grant probate to the earlier executors without allowing time for the new will to be considered. That time can be crucial while you instruct a solicitor and collect the original document.

What evidence should you gather?

Good evidence strengthens your position. Consider collecting:

• Original will or credible copies, plus dates and where you found them.
• Witness statements from anyone who saw the will signed, or who knew the deceased's intentions.
• Medical records or GP notes if capacity is in question.
• Correspondence or financial records showing undue influence or suspicious activity.

Keep clear notes of what you know and when you learned it, and keep originals safe.

What happens after you lodge a caveat?

Once a caveat is entered, the Probate Registry will notify the caveator if an application for Grant is made. The executor can then seek to persuade you to withdraw the caveat, or they can ask the court to remove it. If a dispute proceeds, the matter can be resolved by agreement between the parties or by court proceedings. Be aware that if your caveat is wrongful or vexatious, you could be ordered to pay costs, so only lodge one when you have real concerns.

Alternatives and next steps

Stopping a Grant of Probate is not always the best route. If your concern is that you have not been left a fair share, you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. If you suspect fraud or forgery, the police and a solicitor should be involved. Often a constructive first step is to try to resolve matters with the executor, with professional help, to avoid lengthy litigation.

If you would like help assessing whether to lodge a caveat, or how to gather evidence, our probate team can advise you. Visit our probate services page to learn more about how we can support you.

Need personalised advice? Contact us to discuss your situation and the best next steps for protecting the estate.

If you need broader estate planning support while resolving a dispute, consider reviewing your own documents with our team. We offer clear will-writing and Lasting Power of Attorney services to protect your family: Will writing, Lasting Power of Attorney, and information about trusts at Trusts.

Acting promptly, gathering evidence and getting specialist advice will give you the best chance of protecting the interests involved. If you want BFW to help, our advisers are experienced in contested wills and probate matters and will explain your options in plain language.