How to Stop a Grant of Probate in England: Filing a Caveat

When a loved one passes away, disputes over the estate may arise, especially if there are concerns about the will’s validity or an executor’s entitlement.

In such cases, filing a caveat can be an essential legal tool to halt the probate process temporarily.

Below is a comprehensive guide on how to stop a Grant of Probate in England by filing a caveat, including legal implications, procedure, timelines, and best practices.

What Is a Grant of Probate, and Why Might You Want to Stop It?

A Grant of Probate is a legal document issued by the Probate Registry which confirms the authority of an executor to administer the deceased’s estate. Once granted, it enables the executor to collect assets, pay debts, and distribute the estate according to the will.

However, there are situations where interested parties may want to prevent this grant, especially if there are:

Doubts about the validity of the will

Claims of undue influence or fraud

Concerns about the mental capacity of the testator at the time of writing the will

Disputes over who should administer the estate

Intestacy issues or rival claims to probate

In such scenarios, filing a caveat is a legitimate method to prevent the Grant of Probate from being issued until the dispute is resolved.

What Is a Caveat in Probate?

A caveat is a formal request lodged with the Probate Registry that prevents the issuance of a Grant of Probate or Letters of Administration. It is a protective measure that delays the process, typically for six months, and can be renewed as necessary.

Only those with a legal interest in the estate (such as potential beneficiaries, family members, or creditors) should lodge a caveat.

When Should You File a Caveat?

You should file a caveat as early as possible if you believe there is a legitimate reason to contest the probate. The most common situations include:

The will may be forged or fraudulent

The deceased lacked mental capacity

The will was made under duress or undue influence

Do you believe the intestacy rules apply

You wish to apply for Letters of Administration yourself

A more recent will may exist

There are issues with the appointed executor’s conduct

If you doubt the situation, filing a caveat prevents probate from progressing while legal advice is sought or a claim is prepared.

How to File a Caveat in England

Filing a caveat is a straightforward process, but precision is crucial.

Step 1: Eligibility

Ensure you have a proper interest in the estate. You must be:

A family member or relative of the deceased

A beneficiary of the estate

A person with a financial interest (e.g., creditor)

Someone with a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975

Step 2: Complete Form PA8A

You can lodge the caveat online via the MyHMCTS portal (if you are a legal professional) or submit Form PA8A via post.

Details needed include:

Full name and date of death of the deceased

Last known address

Your name and address

Grounds (brief) for entering the caveat

Step 3: Pay the Updated Fee

As of the latest update, the fee for filing a caveat is £3.00 online via MyHMCTS. If applying by post, the fee has increased to £20.00. This change reflects the UK government’s recent adjustment to probate-related administrative fees. Your application must include payment via cheque or postal order payable to ‘HMCTS’.

Step 4: Lodge the Caveat

Send the completed form and payment to:

The District Probate Registry

HMCTS Probate

PO Box 12625

Harlow

CM20 9QE

Once processed, the caveat enters the probate system and blocks the issuance of any grant for six months.

What Happens After a Caveat Is Filed?

Once entered, the caveat lasts for six months. During this time:

The executor cannot proceed with the probate application

The caveator (you) can gather evidence and seek legal counsel

Negotiations may take place

If necessary, a contentious probate claim can be initiated in court

If no action is taken, the caveat will expire after six months, unless renewed.

How to Extend or Renew a Caveat

Before the six-month period ends, the caveat can be renewed for another six months by submitting a written request and paying the renewal fee.

Fee for renewal by post: £20.00

Fee for online renewals: £3.00 (legal professionals via MyHMCTS)

There is no statutory limit on the number of times a caveat can be renewed, but it must not be used to delay the estate’s administration unnecessarily.

What If the Executor Challenges the Caveat?

If the person applying for probate disputes the caveat, they may issue a Warning through the probate registry. The caveator must then:

Enter an Appearance within 8 days to defend the caveat and confirm their interest in the estate

If no response is received, the caveat will be removed, allowing the Grant of Probate to be issued. If the caveator enters an Appearance, the matter becomes contentious, and litigation may follow.

How to Remove a Caveat Voluntarily

If the issue is resolved or you no longer wish to stop probate, the caveat can be removed by writing to the Probate Registry with:

Your name

Caveat reference number

A formal request for withdrawal

A signed statement

Risks of Filing a Caveat Without Proper Grounds

A caveat should only be filed with a genuine legal reason. Filing without reasonable grounds may result in the following:

Wasted costs orders from the court

Personal liability for legal fees

Delays in estate distribution

Reputational damage in contentious probate proceedings

It is strongly advised to seek legal advice before proceeding if there is any uncertainty.

Frequently Asked Questions 

How long does a caveat stop probate for?

A caveat prevents the issuance of a Grant of Probate for six months. It can be renewed indefinitely if action is taken before expiry.

Can anyone file a caveat?

No, only those with a legal interest in the estate, such as family members, beneficiaries, or creditors, can validly file a caveat.

What is the current fee to file a caveat?

As of the latest update:

Online via MyHMCTS: £3.00 (for legal professionals)

By post using Form PA8A: £20.00

What happens if I don’t respond to a Warning?

If a Warning is issued and you fail to respond within 8 days, the caveat will be removed automatically, and probate will proceed.

Can I remove a caveat after it’s filed?

Yes. You can withdraw a caveat voluntarily by writing to the Probate Registry with the necessary details and a signed request.

Will the executor be notified when a caveat is filed?

The executor will discover the caveat only when attempting to apply for probate. They are not automatically notified when the caveat is entered.

Can a solicitor file a caveat on my behalf?

Yes. Many people instruct a solicitor to ensure the caveat is filed correctly, especially in contentious cases.

Key Takeaways for Filing a Caveat in England

A caveat can stop probate and buy time to investigate or dispute the estate

It lasts for six months and is renewable

File only with a valid legal interest

The fee is now £20 by post (or £3 online for legal professionals)

Take legal advice if unsure about your position

Read our other Blogs:

Time Limits For Contesting A Will In England: Don’t Miss The Deadline

What Happens If There Is No Will? Understanding Intestacy Rules In The UK – London Estate Agency