Stopping a probate application
After you've applied
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 303 0648
Monday to Friday, 9am to 1pm
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.