Caveats and Probate

While a person is still alive, their will is strictly confidential and only they can give a copy to you. Once that person dies, their personal representatives stand in their shoes. It is then for the personal representatives to decide whether to provide a copy to you.

Once a grant of probate has been issued the will becomes a public document and anyone can obtain a copy from the Probate Registry.

A grant of probate (or grant of letters of administration if the person died intestate) is the legal document that authorises the executor(s) to administer the deceased’s estate.

You can obtain a copy of the grant by using the Government’s online search tool, or by completing Form PA1S. If probate has been granted, you will be provided with a copy of the grant and the will (if there is one).

If the grant of probate has not yet been issued, you can lodge a "standing search" with the Probate Registry. This is also done by Form PA1S. A standing search will remain in place for six months (it can be renewed if needed) and should a grant of probate be issued during that period, you will be sent a copy.

You can prevent a grant of probate by lodging a caveat at the Probate Registry. Once a caveat is in place, the executor will not be able to administer the estate until it has been removed. It will remain in place for six months and it can be renewed if needed.

If you think there is a more recent will to the one which will be admitted to probate, you should lodge a caveat with the Probate Registry as a matter of urgency to prevent the grant of probate being obtained for the earlier will. You should not delay in seeking legal advice as soon as possible as steps may need to be taken urgently to protect the assets in the estate.

A caveat only remains in place for six months unless it is renewed. The Executor can, however, also take steps to try and have it removed. To challenge a caveat, they must lodge a "Warning" at the Probate Registry. There is no fee for the Warning.

The Warning is then served on the person who entered the caveat. They will then have fourteen days to "enter an Appearance" at the Probate Registry should they wish to keep the caveat in place. There is no fee for the Appearance.

If there is a failure to enter an Appearance, an affidavit of service of the Warning needs to be lodged with the Probate Registry and then the caveat will be removed, and the Personal Representative will be able to apply for a grant. If, however, an Appearance is entered then the caveat will remain in place until the issues are resolved and the caveat is removed by consent of the parties or by Court Order.

In many cases it is removed by consent once the substantive issues are resolved or an agreed way to proceed is identified.