Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Probate definition

What does Probate mean? Probate is the court process for proving a will and giving legal authority to deal with a deceased person’s estate. In practice it confirms who may collect assets, pay debts and distribute to beneficiaries. The term is descriptive rather than a single defined statutory concept; procedures are set by legislation and probate rules in each jurisdiction. England and Wales: the executor applies for a grant of probate; on intestacy or where no executor can act, an administrator seeks letters of administration. Both are grants of representation issued by the Probate Registry (HMCTS) under the Senior Courts Act 1981 and the Non‑Contentious...

Caveats in probate (England and Wales): purposes, procedure—entry, extension, warning-off, appearance, withdrawal, summons for directions—and 2025 amendments to the Non-Contentious Probate Rules

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Practice notes

Stop press

The Non-Contentious probate (Amendment) Rules 2025 (SI 2025/1004) amend the Non-Contentious Probate Rules 1987 (SI 1987/2024), which set out practice and procedure for the Probate Registry. Effective from 3 November, they revise r 44 of SI 1987/2024 and make two key changes:

End the option to enter a caveat in person at a registry
Require a caveator issuing and serving a summons for directions to provide a supporting statement

For further information, see: LNB News 10/09/2025 9.

caveats

A caveat (also known as a stop) is a written notice that a person who wants to prevent a grant being issued may enter in any registry or sub-registry. Commonly, a caveat is used to block a grant because the validity of a Will is disputed, or who should administer the estate. By lodging a caveat, the caveator will be notified of any application for a grant and given the chance to object to the issue of a grant. Once a caveat has been entered, the onus shifts to those seeking to prove the Will to take action to remove...

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Web page updated on 21/05/2026

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