How To Stop Probate Before it Is Granted

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

A Guide for Concerned Beneficiaries

When a loved one passes away, if you suspect there’s something wrong with the will or need more time to investigate your concerns, here’s our guide on how to stop probate before it is granted. Probate is the legal process that allows an executor to manage and distribute the deceased’s assets according to the will.

However, in England and Wales, it is possible to stop a probate application and bring a contentious probate claim if you believe the estate is being handled unfairly or unlawfully.

Our team at Jefferies Claims partner with lawyers who are highly experienced in contentious probate and who can assess your case.

Get in contact for a free, initial consultation.

⚖️ Why You Might Want to Stop Probate Before It Is Granted

Stopping probate early is often the first step when you believe:

• The will may be invalid
• The deceased was pressured or coerced
• There are concerns about fraud or forgery
• You need time to investigate capacity issues
• You believe the estate is being handled unfairly

Once probate is granted, the executor can begin distributing assets. This can make disputes more complicated. Acting early protects your position while you gather evidence.

🛑 How to Stop a Probate Application: Entering a Caveat

The main way to prevent probate from being issued is by entering a caveat with the Probate Registry.

What a caveat does

A caveat temporarily blocks the issue of a grant of probate or letters of administration. This means the caveat prevents the estate from being administered until someone removes it or it expires

.

Key features of a caveat

• Duration: Lasts 6 months and can be renewed
• Cost: Low fee
• Effect: Probate cannot proceed
• Purpose: Gives you time to investigate concerns or prepare a claim

You can apply online or by post. A solicitor can also take this step on your behalf, especially if you expect someone to challenge the caveat..

🔍 Common Reasons to Challenge a Will Before Probate

If you stop probate, it’s usually because you intend to investigate or pursue one of the following grounds:

1. Testamentary Capacity

The person making the will must have understood:

• What a will is
• What assets they owned
• Who might expect to inherit

Medical records, witness statements, and solicitor notes often play a key role.

2. Lack of Knowledge and Approval

Even if the person had capacity, they must have understood and approved the contents of the will. Concerns may arise if:

• They were vulnerable
• They had limited literacy
• The person who prepared the will did not properly explain it.

3. Undue Influence or Coercion

This occurs when someone pressures the testator into making a will that does not reflect their true wishes. These cases often require careful investigation and evidence gathering.

4. Fraud or Forgery

Examples include:

• A forged signature
• A will created without the testator’s knowledge
• Dishonest behaviour affecting the will’s contents

5. Improper Execution

A will may be invalid if it does not comply with the Wills Act 1837, such as:

• Missing or incorrect witnesses
• Incorrect signing procedure

6. Rectification Claims

If a drafting mistake causes errors in the will, the court may correct them, but you must provide strong evidence.

Inheritance Act Claims

Even if the will is valid, certain people (e.g., spouses, children, dependants) may claim reasonable financial provision under the Inheritance Act 1975.

⏳ Time Limits You Should Know

• Inheritance Act claims: Usually must be issued within 6 months of the grant of probate
• Will validity challenges: No strict time limit, but acting early is crucial
• Caveats: Last 6 months and can be renewed

Stopping probate early gives you time to gather evidence before the estate distributes the assets.

🧭 Practical Steps to Stop Probate Before It Is Granted

Seek Specialist Legal Advice

A solicitor experienced in contentious probate can assess your concerns and advise on the best strategy.

Enter a Caveat Quickly

This stops the court from issuing probate while you investigate

Gather Evidence

This may include:

• Medical records
• Solicitor files
• Witness statements
• Drafts of previous wills
• Correspondence or documentation showing concerns

Consider Mediation

If the dispute remains unresolved, your solicitor may issue court proceedings to challenge the will.

⚠️ Risks of Stopping Probate

• Family relationships may become strained
• Legal costs can be significant
• Evidence may be difficult to obtain
• If your claim is unsuccessful, you may be liable for costs

However, if you have genuine concerns about the will or the circumstances surrounding it, stopping probate early can be essential to protecting your rights.

What To Do Next

By entering a caveat and bringing a contentious probate claim on solid legal grounds, you can protect your position and challenge a will that you believe is invalid or unfair.

If you are considering stopping probate of a loved one’s will, it’s critical to seek legal advice early.

At Jefferies Claims, we’ll guide you through every step of your claim.

📞 Call us: 0330 818 0351
📧 Email us: info@jefferiesclaims.co.uk
📝 Online: Complete our online form