Probate caveats in 2026: the £4 fee, the six-month life, and the 14-day count once a warning is served

A caveat is a short written notice that stops a grant of probate or letters of administration being issued on an estate. A small firm meets it from two sides: a client who thinks a will is wrong and wants time to find out, or an executor who has just found that a caveat is blocking the application. The fee is small. The dates are what catch people out.

What a caveat does

GOV.UK says a caveat "stops all applications for probate on the estate being granted" while it is in force. Rule 44 of the Non-Contentious Probate Rules 1987 says the same in legal terms: once one is entered, the registrar cannot seal a grant unless the caveat has ceased to have effect or been withdrawn. The rule makes two narrow exceptions, for a limited grant to collect and preserve assets and for grants under section 117 of the Senior Courts Act 1981.

Anyone who wishes to show cause against the sealing of a grant may enter one. GOV.UK says the person must be 18 or over and can apply themselves, or use a solicitor or another person licensed to provide probate services. It also warns that "entering a caveat can lead to legal action and legal costs" and that you should try to reach an agreement with the person applying first.

A caveat only freezes the grant. It does not decide who is right about the will. The client still needs advice on whether there is a real ground, and our guide to the probate timeline shows where the freeze falls among the other dates in an estate.

The fee, and how long it lasts

Since 6 July 2026 the fee for entering or extending a caveat is £4, up from £3 (SI 2026/642, which amends fee 4 in Schedule 1 to the 2004 fees order). The same order raised the fee for a grant application on an estate valued above £5,000 to £526, and a standing search to £4.

A caveat lasts six months from entry. Rule 44 lets the caveator extend it for a further six months by written application made within the last month of the period, and further extensions follow the same way. GOV.UK describes it as six months at first, then another six.

One caveat, worked through

Take a caveat entered on 5 October 2026.

The £8 is about 1.5% of the £526. The cost is trivial; the risk is in missing the window. A firm that diarises only the expiry date will find the caveat gone just as the client was about to be heard, and the executor free to apply. Put the start of the extension window in the diary, not the end. The exact lapse date is worth confirming against the registry's acknowledgement, since the count runs from the date of entry.

When a warning arrives

Someone with an interest in the estate can issue a warning in Form 4 under rule 44. It requires the caveator to say what their interest in the estate is, and to give details of any contrary interest. The caveator then has 14 days from service of the warning, counting the day of service, to enter an appearance (Form 5) or to issue a summons for directions.

Counting the day of service as day one, a warning served on 12 October 2026 means the last day to act is 25 October 2026. That is a Sunday, so file early. I have not found a published rule on whether the registry treats a Sunday deadline as moving to Monday, so treat Friday 23 October as the working deadline.

Rule 45 adds that when a probate action is started, the commencement of the action itself prevents the grant being sealed until someone entitled applies, and the court notifies the other caveators. So a caveat that has served its purpose may be followed by court proceedings, which a small firm should only take on with the right fee agreement and insurance cover. Our client care letter checklist has the points to settle before a contentious matter starts, including the likely costs.

A checklist for the file

1. Record the date the caveat was entered and the reference the registry gave.
2. Diarise the opening of the extension window (one month before the sixth month ends), and the lapse date.
3. Pay the £4 fee for each entry or extension and record it as a disbursement. Where the fee has been paid from the office account, the accounts rules on client money apply to anything left over.
4. If a warning arrives, count 14 days from service, note the last day, and do not wait for it.
5. Tell the client in writing that a caveat can bring legal costs, as GOV.UK does, and keep a note of the advice.
6. If a dispute follows, record it in the complaints procedure path if the client is unhappy with how it was handled, as the time limits there start separately.

Not covered here

This guide covers a caveat in England and Wales. It does not cover standing searches, citations or the court's powers to remove a caveat, and it does not say whether a particular caveat has a good ground. Check current fees on GOV.UK and the rules before you rely on any figure.

Overlyft can set up an AI assistant that diarises the extension window and warning deadline for each caveat on your files, and drafts the reminder for a fee earner to approve.

This is general information, not legal advice.