How Do I Stop Probate Before It Is Granted?

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You can stop probate by entering a Caveat at the Probate Registry. This prevents a Grant of Probate from being issued for six months, giving you time to investigate potential invalidity, fraud, or lack of capacity. This is a critical first step for anyone questioning a Will’s authenticity.

stop probate

The Caveat: Your Legal “Emergency Brake”

In the world of estate litigation, timing is everything. Once a Grant of Probate is issued, the executors have the legal authority to liquidate assets, sell property, and distribute funds. For “The Skeptic,” this is the point of no return.

A Caveat acts as a legal “stop notice.” It informs the court that the Will is being challenged and that the estate should not be unsealed. As validity specialists, we view the Caveat as the most powerful tool in your initial arsenal; it shifts the power balance back into your hands by pausing the clock.

HM Courts & Tribunals Service: Guidance on entering a caveat

When Should You Stop Probate?

Stopping probate is not a decision to be taken lightly, but it is necessary if you suspect:

  • Lack of Testamentary Capacity: The deceased did not understand what they were signing due to dementia, illness, or medication.
  • Undue Influence: A third party coerced or pressured the testator into changing their Will.
  • Fraud or Forgery: The signature is suspect, or the document has been tampered with.
  • Improper Execution: The Will was not witnessed or signed in accordance with the Wills Act 1837.

The Mechanics of Entering a Caveat

In 2026, the process for entering a Caveat remains streamlined but requires precision. You can submit an application via the HMCTS online portal or by post.

  • Cost: The fee is currently £3.
  • Duration: A Caveat lasts for six months.
  • Renewal: You can renew it for further six-month periods, provided you do so before the current one expires.

Once the Caveat is in place, the Probate Registry will not issue a Grant to the executors without notifying you first.

The Investigation Phase: Use Your Time Wisely

Stopping probate is only the beginning. The six-month window provided by a Caveat is designed for Investigation, not just delay. During this time, a Validity Specialist will typically:

  1. Submit a Larke v Nugus Request: This demands the drafting solicitor’s file and attendance notes.
  2. Gather Medical Records: We analyze the testator’s health at the time the Will was signed.
  3. Interview Witnesses: We speak to the people who were present during the execution of the document.

What Happens if the Executor Challenges Your Caveat?

If the executors believe your Caveat is groundless, they can issue a “Warning.” This is a formal notice telling you that you must either “enter an Appearance” at the Probate Registry or let the Caveat lapse.

Warning: This is the “High-Stakes” Nodal Point. If you enter an Appearance, the Caveat becomes “permanent” until the dispute is resolved by a court or by agreement. However, once you enter an Appearance, you may become liable for legal costs if the court later finds your challenge was meritless. This is where professional guidance becomes indispensable to ensure you are not walking into a personal liability trap.

The Risk of Waiting Too Late

If you wait until after the Grant of Probate is issued, your legal path becomes significantly more difficult. You would have to apply to the court to “revoke” the Grant, a process that is far more expensive and legally burdensome than simply entering a Caveat.

As we move through 2026, the Probate Registry’s digital systems are faster than ever. If you have a suspicion, you must act before the “Grant of Probate” status on the public register changes to “Issued.”

Hold the Line

Stopping probate is the first line of defense for those who suspect foul play. It ensures that the estate remains intact while the “Validity Specialist” uncovers the truth behind the document’s creation. By entering a Caveat, you are telling the executors, and the court, that the truth matters more than administrative speed.

Not sure if the evidence supports a challenge? Download “The Capacity Evidence Checklist” to see if you have a case.

The Cost of Hesitation: The “Pre-Grant” Priority

In the landscape of 2026 probate, the window between application and the issuance of a Grant is narrowing due to increased automation at the Probate Registry. For the Validity Specialist, this means that “The Skeptic” must treat the pre-grant period as a critical forensic opportunity. Once the Grant is issued, the executors gain the “Shield of Authority,” allowing them to move funds beyond the reach of the court’s immediate oversight.

By failing to stop probate via a caveat, you are essentially allowing the opposing side to use the estate’s own resources to fund their defense against you. Stopping probate doesn’t just buy time; it preserves the status quo and ensures that the assets you are fighting for remain within the jurisdiction of the court rather than being dissipated by an executor whose authority you intend to challenge.

Let’s Do This Together

Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.

To our team, this process is not about winning; it’s about claiming what was yours from the beginning.

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

Check our complete guide on lack of capacity here.

FAQs

Q1: Can I stop probate if I just think the Will is “unfair”?

Technically, you can enter a caveat for any reason, but using one purely to negotiate an Inheritance Act claim (where you admit the Will is valid but want more money) is considered an abuse of process. If the executors “warn” your caveat and you cannot show a genuine challenge to the validity of the document (such as fraud or lack of capacity), you could be ordered to pay the estate’s legal costs. For “unfair” Wills, you should instead seek a “standing search” and prepare a claim for financial provision.

Q2: How long does it actually take to stop probate once I apply?

In 2026, online caveat applications are processed almost instantaneously by the HMCTS system. Once the fee is paid and the digital form submitted, a block is placed on the probate record. However, it is vital to apply before the Grant has been signed by the registrar. If the Grant is issued even an hour before your caveat is processed, the caveat will not be effective, and you will be forced into the much more expensive territory of applying for a “Revocation of Grant.”

Q3: What happens if the six months runs out and I’m still investigating?

A caveat is not a “one-time” tool. You can renew it for a further six months as many times as necessary, provided the renewal application is made within the final month of the current caveat’s lifespan. As your Validity Specialist, I recommend setting a calendar alert for the five-month mark. If you miss the renewal window and the executors are quick, they can slip a probate application through the gap, instantly dissolving your ability to freeze the estate.

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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.
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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.

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