Behind the headlines: what UK probate delays mean for your inheritance

In this article, Ruby Day explains what this legal jargon means, when it should be used, and when it shouldn’t - and why getting it wrong can lead to unnecessary conflicts, delays and disputes.

A caveat is a formal notice lodged with the Probate Registry that temporarily prevents a grant of representation (grant of probate or letters of administration) from being issued by the estate. This is the document that proves an executor’s or administrator’s right to deal with a deceased’s person’s assets. It is necessary for many aspects when administering an estate (e.g. selling assets, access to bank accounts).

In practical terms, a caveat pauses the probate process and ensures that no grant of representation is issued without notifying the person who entered the caveat.

A caveat costs £3 to lodge and has a validity period of six months, with the option to renew. The process can be completed online. 

A caveat is generally used where a person with an interest in an estate has a genuine concern that probate should not proceed until certain issues are investigated. Common examples include:

• Disputes about whether the deceased’s last will is valid, for example there may be a suspicion the deceased lacked mental capacity at the time the will was made; or
• Concerns about the suitability of the person entitled to the grant of representation (for example, a concern that they might not carry out their duties correctly). 

In such circumstances, a caveat is a helpful way to provide the caveator with valuable time to make enquiries, obtain information, seek advice, and determine whether a formal challenge is appropriate. 

Although caveats can be incredibly useful, they are not always appropriate. Misuse can cause unnecessary delays, increase costs and create conflict in a time that is already difficult for those involved.

A caveat should not be used where: 

• The dispute is purely financial. If a beneficiary believes an estate fails to make adequate financial provision for them, this falls under the Inheritance (Provision for Family and Dependants) Act 1975, not the probate process. 
• The Will is accepted a valid. Disagreements about how assets should be divided do not justify a caveat. 
• Where there is no genuine concern about the will or the executor. A caveat should not be used as a tactical tool to delay administration or exert pressure without legitimate grounds.

Caveats can be an effective and important tool for pausing probate where genuine concerns about the will or the person administering the estate. However, they must be used carefully and appropriately. Entering a caveat without proper grounds can prolong the probate process, increase costs and cause unnecessary conflicts.

If you are considering lodging a caveat, or if a caveat has been entered against an estate you are dealing with, obtaining specialist advice at an early stage is essential to ensure the correct steps are taken. 

Ruby Day is a trainee in the trust and estate disputes team.