Caveats in probate: how to stop probate and why more families are taking this step

If you are worried about a will or how an estate is being handled, you may feel like things are moving too quickly, especially if something doesn’t seem right.

In England and Wales, one way to stop probate going ahead is by entering a caveat.

It’s a simple step, but an important one. More and more people are using caveats to pause the process and take advice, and there are clear reasons why.

What is a caveat in probate?

A caveat is a legal notice that pauses the probate process, stopping a grant of probate from being issued. In practical terms, this means the estate cannot be finalised or distributed.

For many people, this provides reassurance at a difficult time. It allows you to understand what’s happening and make informed decisions before anything moves forward.

Why are more people using caveats?

Recent figures show a 12% increase in probate disputes, with over 11,500 applications made to stop probate in a single year.

We are seeing this reflected in practice. There are several reasons why more families are taking this step:

• Higher-value estates – rising property prices mean even modest estates can be worth significantly more, increasing the stakes and the likelihood of disagreement
• More complex family situations – second marriages, blended families and estrangement can lead to uncertainty or conflict about who should inherit
• Greater financial pressure – more people are relying on inheritance as part of their financial future, which can intensify disputes
• Concerns about capacity and influence – with an ageing population, issues such as dementia can raise questions about whether a will reflects someone’s true wishes

In short, probate disputes are becoming more common, and a caveat is often the first step people take when something doesn’t feel right.

When might you need to stop probate?

You might consider a caveat if you have genuine concerns about a will.

This could include situations where:

• the will may not be valid
• someone may have been pressured into making or changing it
• the deceased may not have had full mental capacity
• you have been unexpectedly left out
• there are concerns about the executor

A caveat gives you the opportunity to pause the process while you take advice and look into these issues properly.

How long does a caveat last?

A caveat normally lasts for six months and can be extended if needed. During this time, probate is effectively on hold. Nothing can be distributed, and no final decisions can be made about the estate.

It’s important to remember that a caveat does not resolve the issue itself, it simply gives you the time and space to deal with it properly.

What if someone else has entered a caveat?

If you are an executor or beneficiary and discover that a caveat has been entered, it can be frustrating and may delay the administration of the estate.

A caveat usually means that someone has concerns about the will or how the estate is being handled. Understanding those concerns is the first step.

Taking legal advice at this stage can be very helpful. A solicitor can explain what the caveat means in your situation, contact the other party to clarify their position, and explore whether matters can be resolved without the need for a dispute.

If appropriate, they can also guide you through the process of challenging the caveat. Just as importantly, they can help you avoid escalating the situation unnecessarily, particularly where emotions are involved.

Is it always the right step?

Although entering a caveat is straightforward and low-cost, it is still a serious legal step. Used appropriately, it can be very helpful. Used incorrectly, it can lead to delays, disputes and potential costs.

That is why it is important to take advice before acting, particularly if you are unsure whether your concerns amount to a legal challenge.

What happens next?

Once a caveat is in place, the person applying for probate may either wait or challenge it.

If the caveat is challenged, the matter can quickly become more formal and may develop into a probate dispute. At that stage, having the right advice early on can make a significant difference to how the situation is resolved.

How Hegarty can help

At Hegarty, we regularly advise clients on both sides of probate disputes, whether you are considering entering a caveat or dealing with one that has already been put in place.

We understand that these situations are often sensitive and emotional. Our role is to give you clear, practical advice so you can decide what to do next with confidence.

We focus on resolving issues in a way that is proportionate, while protecting your interests and helping you move matters forward.

Speak to our team

If you are concerned about a will, thinking about stopping probate, or dealing with a caveat that has already been entered, it is always better to seek advice early.

A short conversation can help you understand where you stand and what your next step should be.