Object to a probate application
How to object to a probate application
There are many reasons you might want to object to a probate application but some of the most common questions include:
- Is the will valid?
- Was the will signed properly?
- Did the person making the will have the cognitive capacity to make a valid will?
- Was the person making the will under undue pressure from another party?
The way you can to make an objection is by filing a caveat in the Probate Office.
A caveat is the legal name for an objection you might have to the process.
How to make an objection to probate
You can make the objection (caveat) yourself or you can get your solicitor to do it for you.
You must have an address in the Republic of Ireland to make an objection.
To enter a caveat, you must:
- Complete a caveat form
- Pay the €100 fee
- Submit the form to the Probate Office.
Withdrawing a caveat
You can withdraw your objection (caveat) by writing to the Probate Office. You must do this yourself (or get your solicitor to do it for you). You can only withdraw an objection (caveat) before the other party has responded.
What happens after your objection has been made
After you have made an objection (caveat), the person who was applying for probate (the other party) can respond.
This is known as serving a warning to caveat.
Once a warning is sent back to you, you have 14 days to respond.
How to issue a warning to an objection
The person making the warning must:
- Lodge an original and 3 copies of the warning
- If the party who lodged the caveat has a solicitor, the warning must be addressed to the solicitor or if the party lodged the caveat independently, it must be addressed to that person
- Pay the €30 fee
The warning must be served within 14 working days of the stamped date in person or by registered post.
The party who lodged the caveat then has 14 working days to lodge an appearance to the warning from the date it was served.
Responding to a warning
If you made the objection, then once the other party responds with a warning, then you have 14 days to respond in writing to the warning. This is known as 'an appearance'.
If the objection (caveat) was responded to by the other party (warning) and you have made your response to the warning, then the caveat will remain in place and can only be set aside by an order of the court or by consent of all the parties.
Getting a court order
A court order is needed if both parties do not agree to remove the caveat.
For information on citations and other side bar orders, see more information here.
