IMPORTANT NOTICE: This is a REFERRAL SERVICE ONLY. We are NOT a law firm and do NOT provide legal services. All legal work is conducted by independent SRA-regulated solicitors.

Over 30 Years Experience

The Association of Contentious Trust and Probate Specialists

0800 29 800 29
Contact

Immediate Action: The Crucial Difference Between a Caveat and a Claim (and Why Time is NOT Your Friend)

Contact Us

contact

For a free initial conversation call

0800 29 800 29

Understanding the difference between lodging a Caveat and making a formal Claim is critical when contesting a Will in the UK. A Caveat is a swift, inexpensive tool that pauses the Grant of Probate for six months, buying crucial time for investigation. In contrast, a formal Claim (particularly under the Inheritance Act 1975) must be issued in court within six months of the Grant of Probate, and this statutory deadline is non-negotiable. Confusing these two actions or delaying beyond these strict timeframes significantly jeopardises your ability to challenge an unfair Will, making immediate expert legal advice essential.

caveat

When the news arrives that a loved one has passed, and their Will appears to be deeply flawed or unjustly excludes you, the world can feel like it’s spinning out of control. In that moment of profound grief and confusion, you might hear conflicting advice or encounter complex legal jargon: “Lodge a Caveat,” “Make a Claim.” It’s easy to feel overwhelmed, but understanding the precise difference between these two critical legal actions is paramount.

Let’s be clear: A Caveat buys you invaluable time by pausing the probate process. A formal legal Claim, however, must be filed within a strict six-month deadline from the Grant of Probate. Don’t confuse these two distinct, yet interconnected, steps. Missing this crucial distinction, or simply delaying, is the single greatest threat to your ability to challenge an unfair Will effectively.

We operate with the unwavering understanding that in contentious probate, time is not your friend. Our empathetic and authoritative guidance ensures you know exactly when and how to act, empowering you to navigate these complex waters with confidence and secure the justice you deserve.

The Starting Gun: What is the Grant of Probate?

Before diving into Caveats and Claims, it’s vital to grasp the role of the Grant of Probate. This is the official legal document issued by the Probate Registry that:

  1. Confirms the validity of the Will.
  2. Gives the Executor named in the Will the legal authority to manage and distribute the deceased’s assets (property, bank accounts, shares, etc.).

Without this Grant, an Executor typically cannot access significant assets. Crucially, once the Grant is issued, the Executor has the full legal power to start distributing the estate. This is why pausing the Grant is so important.

The Pause Button: What Exactly is a Caveat?

Imagine you’re watching a potentially fraudulent transaction unfold, and you have the power to hit a giant pause button. That’s essentially what a Caveat does in the context of probate.

Caveat: A Temporary Stop Sign

A Caveat is a formal notice lodged with the Probate Registry that prevents the issue of a Grant of Probate (or Letters of Administration) for a period of six months.

  • Purpose: Its primary function is to buy you time. It halts the Executor in their tracks, preventing them from accessing or distributing the estate’s assets while you investigate the Will’s validity or prepare your formal claim.
  • Cost-Effective & Swift: Lodging a Caveat is intentionally inexpensive (currently £3) and can be done quickly. This accessibility ensures that financial barriers don’t prevent immediate action.
  • Renewable: A Caveat lasts for six months but can be renewed indefinitely, provided you have a genuine reason for doing so (e.g., ongoing investigation, negotiations).

When to Lodge a Caveat (URGENTLY)

You should consider lodging a Caveat the moment you have serious concerns about a Will, such as:

  • Suspecting Undue Influence (the deceased was coerced).
  • Doubting the deceased’s Mental Capacity when the Will was made.
  • Believing the Will was not properly signed or witnessed.
  • Being unfairly disinherited and intending to make a claim for reasonable financial provision.

For comprehensive, official guidance on how to lodge a Caveat and other aspects of stopping probate, the GOV.UK website provides detailed information on stopping a probate application. This resource is an invaluable starting point for understanding the formal procedures.

The Legal Battle: What Exactly is a Claim?

While a Caveat is a defensive administrative step, a formal Claim is an offensive legal action. It is the substantive challenge to the Will or the distribution of the estate.

Claim: A Formal Legal Challenge

A Claim is a full legal case brought before the courts, arguing that the Will is invalid or that you are entitled to a share of the estate despite the Will’s terms (or lack thereof).

  • Purpose: To achieve a specific legal outcome, such as:
  • Having the entire Will declared invalid (e.g., due to lack of capacity or undue influence).
  • Obtaining an order for “reasonable financial provision” from the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Cost & Complexity: Claims are significantly more complex and potentially costly than lodging a Caveat, involving solicitors, barristers, court appearances, and extensive evidence gathering.
  • Statutory Deadline: This is the most crucial difference: a claim, particularly one under the 1975 Act, is subject to extremely strict statutory deadlines.

The NON-NEGOTIABLE Six-Month Deadline

If you are making a claim for reasonable financial provision under the Inheritance Act 1975 (e.g., as a spouse, child, or financial dependent who was unfairly excluded), you must issue your claim in court within six months of the date the Grant of Probate (or Letters of Administration) was issued.

  • Strict Adherence: This deadline is not flexible. While courts have discretion to allow late claims in exceptional circumstances, they rarely do so, especially if there’s no good reason for the delay or if the estate has already been distributed.
  • The Clock Starts Ticking: It is essential to remember that the six-month clock for making an Inheritance Act claim starts only once the Grant of Probate has been issued (Read more about it in our guide: Contest a Will After Probate Has Been Granted)
  • . The Caveat merely delays the start of this clock, giving you vital time to prepare your claim so you can file it correctly once the Grant is eventually obtained (either by agreement or by court order).

The legal framework for these claims is detailed in the Inheritance (Provision for Family and Dependants) Act 1975 itself. Understanding the specifics of this Act is paramount for any potential claimant.

Why Time is NOT Your Friend: The Perils of Delay

Confusing a Caveat with a Claim, or simply delaying action, carries severe risks:

  1. Estate Distribution: If you don’t lodge a Caveat quickly, the Grant of Probate may be issued, and the Executor can immediately begin distributing assets. If this happens, you might have to try and recover money directly from beneficiaries, which is much more challenging.
  2. Missing the Six-Month Deadline: This is the most catastrophic error for Inheritance Act claims. Once the six months from the Grant of Probate have passed, your legal right to claim is almost certainly lost.
  3. Evidence Disappearing: The longer you wait, the harder it becomes to gather crucial evidence (e.g., witness statements from those who knew the deceased’s mental state, medical records before they are archived).

Empowering Your Path to Justice: Act Now

The legal landscape of contesting a Will is complex, but your primary concern should always be immediate action.

  • If you have doubts about a Will’s validity or fairness, lodge a Caveat without delay. This is your immediate shield.
  • Then, seek specialist legal advice immediately to determine the strength of your formal Claim and to ensure it is prepared and filed within that critical six-month statutory window once the Grant of Probate is issued.

You don’t have to navigate this overwhelming process alone. Our empathetic, authoritative team is here to guide you, transforming your anxiety into a clear, decisive strategy. We ensure you understand the critical difference between a Caveat and a Claim, empowering you to protect your rights and seek the justice you deserve.

Don’t let time run out on your claim. Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. What is the “Warning” process, and what happens after the Executor issues one?

When an Executor wishes to proceed with probate despite your Caveat, they issue a formal legal document called a “Warning” to you (the Caveator). This is the point where the dispute moves from an administrative pause to a formal legal fight. You then have 14 days to either “Enter an Appearance” (formally state your legal grounds for objecting to the Will) or allow the Caveat to expire. Receiving a Warning requires immediate action and specialist advice, as your response officially frames your legal case.

2. Can I still lodge a Caveat if my loved one died without a Will (Intestacy)?

Yes, a Caveat is not restricted to stopping a Grant of Probate for a Will. If your loved one died without a Will, the court issues Letters of Administration (LoA). You can lodge a Caveat to stop the Grant of LoA if you believe the person applying is not the correct administrator (for instance, if you believe you have a higher priority to administer the estate) or if you intend to make an Inheritance Act claim against the estate’s distribution under the Rules of Intestacy.

contact

For a free initial conversation call

0800 29 800 29

Frequently asked questions.

Disputes over wills can arise in several circumstances, including:

  • Testamentary capacity: The person who made the will (known as the testator) must have had the mental capacity to understand what they were doing and the consequences of their actions. This means that they must have been able to understand the nature and extent of their property, the people they were giving their property to, and the people they were excluded from their will.

 

  • Valid execution: The will must have been executed correctly under the law. This means it must be in writing, signed by the testator, and witnessed by two independent witnesses.

 

  • Undue influence: The testator must have made the will freely and without any pressure from others. The will may be invalid if someone was unduly influenced to make a will. Undue influence can occur when someone takes advantage of a testator’s vulnerability, such as if the testator is elderly, ill, or has a mental disability.

 

  • Fraud or forgery: If the will was forged or if someone fraudulently induced the testator to make the will, the will may be invalid.

 

Claims against a will must usually be made within six months of the grant of probate being issued. This is the legal document that gives the executor the authority to administer the estate. If a claim is not made within this time, it may be too late to challenge the will.

As such, executors often wait until this six-month period has expired before distributing the estate. This is to avoid having to distribute the estate and then having to take it back if a successful claim is made against the will.

Here are some examples of how these disputes can arise:

  • A family member may dispute a will if they believe that the testator did not have the mental capacity to make a will. For example, if the testator was suffering from dementia or Alzheimer’s disease at the time the will was made.
  •  

A family member may dispute a will if they believe that it was not executed correctly. For example, if the will is not signed by the testator or if it is not witnessed by two independent witnesses.

 

  • A family member may dispute a will if they believe that they were unduly influenced to make the will. For example, if a caregiver or another family member pressured the testator to make the will in their favour.

 

  • A family member may dispute a will if they believe that it was forged or if someone fraudulently induced the testator to make the will. For example, if someone forged the testator’s signature on the will or if someone lied to the testator about the contents of the will.

If you are thinking about disputing a will, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.



Types of Trusts

Many different types of trusts can be set up, depending on your specific needs and goals. Some of the most common types of trusts include:
Bare Trusts: A bare trust is a simple type of trust in which the trustee holds the assets for the benefit of the beneficiary. The beneficiary is entitled to the income and capital of the trust as soon as they are old enough to receive them.

Interest in Possession Trusts: An interest in possession trust is a type of trust in which the beneficiary is entitled to the income from the trust immediately, but not to the capital until a later date. This type of trust is often used for minor beneficiaries or for beneficiaries who are not yet responsible enough to manage their own money.

Discretionary Trusts: A discretionary trust is a type of trust in which the trustee has the discretion to decide how and when to distribute the income and capital of the trust to the beneficiaries. This type of trust is often used for families with multiple beneficiaries or beneficiaries with special needs.

Accumulation Trusts: An accumulation trust is a type of trust in which the income from the trust is accumulated and not distributed to the beneficiaries until a later date. This type of trust is often used to save for a specific purpose, such as a child’s education or a retirement fund.

Mixed Trusts: A mixed trust is a type of trust that combines elements of different types of trusts. For example, a trust may be a discretionary trust for one beneficiary and an interest in possession trust for another beneficiary.

Settlor-Interested Trusts: A settlor-interested trust is a type of trust in which the settlor (the person who creates the trust) retains some interest in the trust assets. For example, the settlor may retain the right to receive income from the trust or to appoint the trustee.

Non-Resident Trusts: A non-resident trust is a type of trust that is created and governed by the laws of a country other than the country where the settlor or beneficiaries reside.
Which type of trust is right for you will depend on your specific needs and goals. It is important to consult with an estate planning attorney to discuss your options and choose the type of trust that is best for you.
Here are some examples of how different types of trusts can be used:
A bare trust can be used to hold assets for a minor child until they reach the age of majority.

An interest in possession trust can be used to provide income to a beneficiary who is not yet responsible enough to manage their own money.

A discretionary trust can be used to manage assets for a family with multiple beneficiaries or for beneficiaries with special needs.

An accumulation trust can be used to save for a specific purpose, such as a child’s education or a retirement fund.

A mixed trust can be used to achieve a variety of different goals, such as providing income to one beneficiary and preserving capital for another beneficiary.

A settlor-interested trust can be used to retain some control over trust assets after the settlor has created the trust.

A non-resident trust can be used to reduce estate taxes or to protect assets from creditors.
It is important to note that this is just a brief overview of the different types of trusts. There are many other types of trusts available, and each type of trust has its own specific features and benefits. For more information please visit www.gov.uk/trusts-taxes/types-of-trust

Inheritance trust disputes can be complex and varied, but some common scenarios include:

  • Disputes over the validity of the trust: This can happen if the settlor (the person who created the trust) does not have the mental capacity to create a trust, or if the trust deed was not executed correctly.

 

  • Disputes over the interpretation of the trust deed: If the trust deed is poorly drafted or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • Disputes over the appointment or removal of trustees: Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee is not acting in the best interests of the beneficiaries, the beneficiaries may apply to the court to have the trustee removed.

 

  • Disputes over the investment of trust assets: Trustees have a legal duty to invest trust assets prudently. If a trustee makes investments that are too risky or that lose money, the beneficiaries may sue the trustee for breach of duty.

 

  • Disputes over the distribution of trust assets: Trustees have a legal duty to distribute trust assets to the beneficiaries in accordance with the terms of the trust deed. If a trustee distributes trust assets incorrectly, the beneficiaries may sue the trustee for breach of duty.

 

Here are some specific examples of inheritance trust disputes that have occurred in the UK:

  • In one case, a beneficiary disputed the validity of a trust deed on the grounds that the settlor (the person who created the trust) did not have the mental capacity to create a trust at the time it was set up.

 

  • In another case, a beneficiary sued the trustees for breach of duty after the trustees made a number of risky investments that lost money.



  • In a third case, a beneficiary sued the trustees for breach of duty after the trustees distributed trust assets to the beneficiaries in a way that was not in accordance with the terms of the trust deed.

 

Other possible disputes include:

  • A beneficiary was expecting more than what is set out in the trust document. This may be because the beneficiary had a reasonable belief that they would receive more, or because the trust document is unclear about the beneficiary’s entitlement.

 

  • The individual who set up the trust was provided with negligent or misleading advice. If the settlor was not properly advised about the consequences of setting up a trust, or if they were given incorrect information, they may be able to challenge the trust.

 

  • The trust document is either incomplete or unclear about the wishes of the deceased. If the trust document is incomplete or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • A trustee acts against the best interests of the beneficiary or doesn’t administer the trust correctly. Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee breaches their duty, the beneficiaries may sue the trustee.

If you are involved in an inheritance trust dispute, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

Contesting a will is challenging the validity of a will. This can be done on a number of grounds, including.

  • The testator (the person who made the will) did not have the mental capacity to make a will.
  • The will was not executed correctly, i.e., it was not signed by the testator or witnessed by two independent witnesses.
  • The testator was unduly influenced to make the will.
  • The will was forged or fraudulent.

 

Contentious probate is any dispute about the administration of a deceased person’s estate. This can include disputes about

  • The validity of the will.
  • The interpretation of the will.
  • The appointment or removal of executors.
  • The distribution of the estate assets.
  • The management of the estate.
  • In the UK, contentious probate is dealt with by the High Court.

 

The main difference between contesting a will and contentious probate is that contesting a will is specifically challenging the validity of the will, while contentious probate can include a wide range of disputes about the administration of an estate.

Here is an example:

Contesting a will: A beneficiary challenges the validity of a will on the grounds that the testator did not have the mental capacity to make a will.

Contentious probate: A beneficiary disputes the interpretation of a will and argues that they are entitled to a larger share of the estate than they have been given.

It is important to note that the two terms are often used interchangeably. For example, a lawyer might say that they are “dealing with a contentious probate matter” when they are actually challenging the validity of a will.

If you are thinking about contesting a will or pursuing a contentious probate claim, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

The time limit for making a contentious probate claim in the UK is six months from the grant of probate. This is the legal document that gives the executor the authority to administer the estate.

If you do not make your claim within this six-month time limit, you may need to apply to the court for permission to make a late claim. The court will only grant permission if you have a good reason for not making your claim on time.

There are a number of factors that the court will consider when deciding whether to grant permission for a late claim, including:

  • Why did you not make your claim on time?
  • The strength of your case.
  • Whether the other beneficiaries will be prejudiced if your claim is allowed to proceed.
  • If the court grants you permission to make a late claim, you will need to file your claim within 28 days.

 

It is important to note that there are some exceptions to the six-month time limit. For example, if the executor has committed fraud or concealed assets from the beneficiaries, the beneficiaries may be able to make a claim after the six-month time limit has expired.

If you are thinking about making a contentious probate claim, it is important to seek legal advice as soon as possible. A lawyer can assess your case and advise you on the time limits that apply and whether you have a good case.

Here are some examples of when you might be able to make a late contentious probate claim:

  • You were not aware of the death of the deceased until after the six-month time limit had expired.
  • You were unable to make your claim on time because you were ill or incapacitated.
  • The executor has deliberately concealed information from you about the estate.
  • The executor has committed fraud in the administration of the estate.

 

The 12-year limit for making a contentious probate claim in the UK applies to claims for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This means that if you are making a claim for financial provision from an estate, you must do so within 12 years of the date of the deceased’s death.

The reason for the 12-year limit is to encourage people to make their claims as soon as possible after the deceased’s death. This is because it can become more difficult to investigate and prove a claim after a long period of time has elapsed.

If you are unsure whether you are able to make a late contentious probate claim, you should seek legal advice.

Most disputes in the UK are resolved out of court through mediation and negotiation. This is because it is generally faster, cheaper, and less stressful for all involved.

If you are considering disputing a will, it is important to contact a contentious probate specialist before you involve any other relatives or beneficiaries of the estate. A specialist lawyer can advise you on your legal options and help you to resolve the dispute quickly and efficiently.

Here are some of the benefits of resolving a will dispute out of court:

  • It is faster and cheaper than going to court.
  • It is less stressful for all involved.
  • It allows you to maintain relationships with other family members and beneficiaries.
  • You have more control over the outcome of the dispute.

 

There are a number of steps that you can take to try to resolve a contentious probate dispute without going to court, including

  • Negotiation: You can try to negotiate a settlement with the other parties to the dispute. This may involve making concessions on your part, but it can be a good way to avoid the time and expense of court proceedings.
  • Mediation: Mediation is a process where an independent mediator helps the parties to reach a mutually agreeable settlement. Mediation can be a good way to resolve a dispute without going to court, but it is important to note that it is not binding on the parties.
  • Arbitration: Arbitration is a more formal process than mediation, and it is binding on the parties. However, it can still be a good way to resolve a dispute without going to court.

 

If you are unable to resolve the dispute amicably, you will need to file a claim with the High Court. The court will then hold a hearing to decide the case.

Contact our Team

For a free initial conversation call

0800 29 800 29

email Us

News and Insights