Probate caveats
Updated 20 August 2026 · 5 minute read
A probate caveat is a formal objection filed with the Supreme Court that stops any grant issuing until the objection is dealt with. It's the emergency brake for someone who believes the will is invalid — and pulled wrongly, it's an expensive way to make enemies.
What a caveat does — and doesn't do
- Does: freeze the grant. The registry will not issue probate while a caveat stands
- Does: force the dispute into the open — the executor must confront the objection
- Doesn't: freeze bank accounts or assets (that needs separate orders)
- Doesn't: work for family provision claims — 'the will is unfair to me' is a different process with its own deadlines
Who lodges one, and why
Any person with an interest in the estate — a beneficiary under this or an earlier will, an intestacy heir, sometimes a creditor. Legitimate grounds are validity attacks: lack of capacity when the will was made, undue influence, suspicious circumstances, forgery, or a later will's existence.
How it plays out
Caveat filed
A short form and modest fee. It generally lasts six months and can be renewed.
The executor responds
Usually by requiring the caveator to show cause, or applying to have a groundless caveat set aside.
Resolution
Most caveats end by negotiation once evidence is exchanged. The rest escalate to a contested probate suit — proof 'in solemn form' with witnesses and cross-examination.
A caveator with real evidence is protected on costs; one who lodged to delay or leverage can be ordered to pay the estate's costs personally. Lodge on suspicion plus evidence, never on grievance alone.
Facing a caveat — or considering one?
Either side of a caveat, the first week's advice shapes everything after. Fixed-fee initial consults exist for exactly this.
Get fixed-fee probate quotesHow do I find out if a caveat has been lodged?
Search the probate registry. Executors usually discover caveats when their application bounces.
Can a caveat be lodged after probate is granted?
No — after the grant, challengers must apply to revoke the grant, a steeper hill.
Does a caveat stop the funeral or asset protection?
No. Securing assets and the funeral proceed regardless; only the grant is frozen.
Sources
- Supreme Court probate rules — caveat procedures
- Maurice Blackburn — probate caveats explained