Apply to enter a caveat

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. You’ll still need to pay the caveat application fee if you apply for a caveat online. You’ll be refunded if your application for help with fees is successful. 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: ‘HWF’ whether you’re applying for a caveat online or by post the full name of the person who died the date of death Probate help with fees team probatehelpwithfees@justice.gov.uk If you want to send the copy by post, send it to the Newcastle District Probate Registry. Include a note to say whether you’re applying for a caveat online or by post. Newcastle District Probate Registry 2nd Floor Kings Court Earl Grey Way Newcastle-upon-Tyne NE29 6AR Apply for a caveat online Apply now This service is also available in Welsh (Cymraeg) . Apply for a caveat by post Fill in form PA8A and send it to HMCTS Probate HMCTS Probate PO BOX 12625 Harlow CM20 9QE If you need help You can contact the Probate helpline. Probate helpline 0300 303 0648 Monday to Friday, 8am to 6pm Closed on bank holidays Find out about call charges

The probate application will be stopped one working day after your caveat application is received. If a probate application is approved the same day you submit a caveat, it will not be stopped. To submit your caveat urgently, make an appointment to visit a probate registry . 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 ‘warning’ 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. If you applied online, email: contactprobate@justice.gov.uk If you applied by post, email: leedsdprenquiries@justice.gov.uk Leeds District Probate Registry York House 31 York Place Leeds LS1 2BA 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. Leeds District Probate Registry 0300 3030 648 Monday to Friday, 8am to 6pm Closed on bank holidays Find out about call charges leedsdprenquiries@justice.gov.uk Leeds District Probate Registry York House 31 York Place Leeds LS1 2BA 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. HMCTS Probate PO BOX 12625 Harlow CM20 9QE To extend your caveat urgently, make an appointment to visit a probate registry .

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: Request a form from the Leeds District Probate Registry. Fill in the form and say why you’re entitled to apply for probate. This is known as stating your ‘interest’ in the estate. 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. Make a copy of the warning to keep. 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 3030 648 Monday to Friday, 8am to 6pm Closed on bank holidays Find out about call charges leedsdprenquiries@justice.gov.uk 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.

Stopping a probate application

Challenge someone else's probate application

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.

This guide and the service are also available in Welsh (Cymraeg).

There are different caveat rules in Scotland and Northern Ireland.

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 visit a probate registry

View a printable version of the whole guide

Stopping a probate application

Challenge someone else's probate application

How to enter a caveat

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Stopping a probate application

Challenge someone else's probate application

How to enter a caveat

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