Stopping a probate application
Respond to a challenge against your probate application
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 a warning can result in a permanent caveat that needs further legal action to resolve. You may have to pay legal costs. Get advice from a solicitor or contact Citizens Advice.
Giving warning
To give warning you need to:
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Request a form from the Leeds District Probate Registry.
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Fill in the form and say why you’re entitled to apply for probate. This is known as stating your ‘interest’ in the estate.
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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.
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Make a copy of the warning to keep.
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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.
Leeds District Probate Registry
0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
[email protected]
Leeds District Probate Registry
York House
31 York Place
Leeds
LS1 2BA
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 ‘appearance’ if they have a ‘contrary interest’, 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 ‘summons’ 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.
If you do not have a statement of service form, request one from Leeds District Probate Registry. They will usually have sent you this form when you asked to give warning.