188ÌåÓý

You can challenge someone else’s probate application (‘enter a caveat�) if there’s a dispute, for example about:

• who can apply for probate
• whether a will exists
• whether the will is legal

​​The caveat lasts for 6 months at first, then you can extend it for another 6 months. The caveat stops all applications for probate on the estate being granted during that time.

Entering a caveat can lead to legal action and legal costs. You should try to come to an agreement with the person applying for probate first.

There are different caveat rules in Scotland and .

How to enter a caveat

You must be 18 or over.

You can do it yourself, or use a solicitor or another person licensed to provide probate services.

If you’re entering a caveat yourself, you can:

• apply online or by post
• make an appointment to

You can apply for a caveat online or by post. It costs £3.

What information you need

You need:

• the full name of the person who’s died and any other names they were known by
• the exact date of death on the death certificate
• the last address of the person who’s died
• your home address in England or Wales
• your email address (if you want to apply online)

If you do not have the death certificate

You can enter a caveat without the death certificate, but you must amend the caveat with the exact date of death when you know it. The probate application might not be stopped if the date of death is wrong.

Fees

It costs £3 to enter a caveat.

If you apply by post, you must pay by sending a cheque payable to ‘HM Courts and Tribunals Service� with your form.

Get help with fees

You may be able to get help to pay the caveat fee and other court fees if you have a low income or are on certain benefits.

Apply online for help with fees

Apply for help with fees online. You must do this before applying for a caveat.

Apply by post for help with fees

Fill in and send off form EX160. You must do this before applying for a caveat.

You’ll also need to email or post a copy of the completed form to the probate fees team before you apply for a caveat.

If you want to email the copy, include in the email subject line:

• ‘H°Â¹óâ€�
• whether you’re applying for a caveat online or by post
• the full name of the person who died
• the date of death

If you want to send the copy by post, send it to the Leeds District Probate Registry. Include a note to say whether you’re applying for a caveat online or by post.

Apply for a caveat online

Apply for a caveat by post

Fill in form PA8A and send it to HMCTS Probate

If you need help

You can contact the Probate helpline.

The probate application will be stopped one working day after your caveat application is received.

Caveats last for 6 months. They stop all applications for probate on the estate being granted during that time.

If the probate applicant disagrees with your caveat, they might:

• come to an agreement with you and ask you to withdraw the caveat
• issue a formal ‘warningâ€�

Withdrawing or amending a caveat

You can withdraw or amend your caveat by email or post. In your email or letter, include:

• your 16 digit caveat reference
• the full name of the person who has died
• confirmation you want to withdraw the caveat or details of what needs changing

If you have responded to a formal warning by ‘entering an appearance�, you cannot withdraw your caveat. It can only be removed by order of a District Probate Registrar, High Court Judge or District Judge.

Responding to a warning from the probate applicant

You have 14 days to respond to a warning (including weekends and bank holidays). If you do not respond, the probate applicant can apply to remove the caveat.

You can respond by entering an ‘appearance� or issuing a ‘summons�.

Entering an appearance

To enter an appearance you must have a ‘contrary interest�. For example:

• you believe the will is invalid and you would be entitled if there was no will or under an earlier or later will
• there’s no will and you think you should be applying for probate, not the person who currently is, under the probate rules

Request an appearance form from Leeds District Probate Registry. Complete it and send it back to them.

If the Registrar agrees with your reasons for entering an appearance, they’ll make the caveat permanent. Then it can only be removed by order of a District Probate Registrar, High Court Judge or District Judge.

Issuing a summons

To issue a summons you do not need to have a contrary interest. Instead you might, for example, think you’re equally entitled to apply for probate or think the current executor is not suitable.

Request a summons form from Leeds District Probate Registry. Complete it and send it back with a signed statement of facts, setting out your reasons for issuing a summons.

The Registrar will decide who is entitled to apply for probate. They might suggest an independent administrator deals with the estate.

Extending a caveat

You can extend a caveat for another 6 months, if you’ve not entered an appearance or issued a summons.

It costs £3 to extend a caveat.

You can only apply for an extension in the last month before a caveat expires.

To extend your caveat, fill in form PA8B and send it to HMCTS Probate.

Someone can challenge your probate application (‘enter a caveat�) if there’s a dispute, for example about a will or who can apply for probate.

They have to enter the caveat before probate is granted.

The caveat lasts for 6 months at first, then it can be extended for another 6 months. The caveat stops all applications for probate on the estate being granted during that time.

What to do if someone enters a caveat

Try to reach an agreement with the person who entered the caveat. If you cannot reach an agreement, you can give the person formal ‘warning�.

Giving warning

To give warning you need to:

1. Request a form from the Leeds District Probate Registry.

2. Fill in the form and say why you’re entitled to apply for probate. This is known as stating your ‘interest� in the estate.

3. Send the form back to Leeds District Probate Registry. The completed warning form will be recorded, dated, stamped with the court stamp and returned to you.

4. Make a copy of the warning to keep.

5. Send or give the warning to the person who entered the caveat. Keep a record of how and when the warning was given, for example, by hand or by post. You cannot give a warning by email.

After you’ve given warning

The person who stopped the grant of probate will have 14 days to respond (including weekends and bank holidays).

They can either:

• enter an ‘appearanceâ€� if they have a ‘contrary interestâ€�, for example they believe the will is invalid and they’re entitled under an earlier or later will, or, if there is no will, that you do not have the right to apply for probate
• issue a ‘summonsâ€� if they do not have a contrary interest but, for example, they believe they’re equally entitled to apply for probate or think you’re not a suitable executor

If they enter an appearance and the Registrar agrees with their reasons, they’ll make the caveat permanent. Then it can only be removed by order of a District Probate Registrar, High Court Judge or District Judge.

If they issue a summons, the Registrar will decide who is entitled to apply for probate. They might suggest an independent administrator deals with the estate.

If they do not respond

If they do not respond in 14 days, fill in a statement of service form.

In the form, state when and how you sent the warning to the person who entered the caveat.

Return the statement of service form to Leeds District Probate Registry. If there’s been no response to the warning, the caveat will be removed and you can continue your probate application.