Object to a probate application
Make an objection to a probate application
People object for different reasons. Common questions include:
- Is the will valid?
- Was the will signed properly?
- Did the person who made the will have the capacity to do so?
- Were they under undue pressure from someone else?
What is a caveat?
A caveat is the legal name for an objection to a probate application. Entering a caveat stops a grant from issuing until the issue is resolved.
Enter a caveat (make an objection)
You can enter a caveat yourself or ask a solicitor to do it for you.
Important: You must have an address in the Republic of Ireland to enter a caveat.
To enter a caveat, you must:
- Complete a caveat form
- Pay the €100 fee
- Submit the form to the Probate Office
Withdraw a caveat
You can withdraw your caveat by writing to the Probate Office (or your solicitor can do this). You can only withdraw it before the other party responds (see “warning to caveat” below).
What happens after you object
After you enter a caveat, the person applying for probate (the other party) can respond by serving a warning to caveat.
Once a warning is served on you, you have 14 days to respond.
Issue a warning to a caveat (for the applicant)
The person issuing the warning must:
- Lodge an original and 3 copies of the warning
- Address it to the caveator’s solicitor, or to the caveator directly if they do not have a solicitor
- Pay the €30 fee
- Serve the warning within 14 working days of the stamped date, in person or by registered post
Respond to a warning (“appearance”)
The party who lodged the caveat then has 14 working days from the date of service to lodge an appearance (a written response) to the warning.
If a warning is served and an appearance is lodged, the caveat remains in place and can only be removed by a court order or by the consent of all parties.
If you cannot agree
A court order is required if the parties do not agree to remove the caveat.
