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Object to a probate application v2

  1. Decide if you need to object

    You might want to stop a probate application if you believe there’s something wrong with the will or the way the application is being made.

    Common reasons to object include:

    • The will is not valid
    • The will was not signed properly
    • The person did not have mental capacity when making the will
    • The person was pressured into signing the will

  2. File a caveat

    A caveat is the legal name for the objection. It stops the probate process temporarily until the issue is resolved.

    You can file the caveat yourself or ask a solicitor to do it for you. You must have an address in the Republic of Ireland.

    To file a caveat, you must:

    Withdrawing a caveat: You can withdraw your objection by writing to the Probate Office. This must be done before the other party responds with a warning.

  3. Receive a warning (if the other party challenges it)

    The person applying for probate can respond to your caveat by issuing a formal warning. This asks you to confirm why you lodged the objection.

    Once you receive a warning, you have 14 working days to respond in writing. This is known as entering an appearance.

    If you do not respond, the other party may ask the Probate Office to remove your caveat.

  4. Respond to the warning

    If you respond within 14 working days, your caveat will stay in place. From that point, it can only be removed by:

    • Agreement between both parties, or
    • A court order

  5. Apply for a court order (if needed)

    If both sides cannot agree, a court order is required to remove the caveat. Either party can apply to the court.

    To apply, you will need:

    • A Notice of Motion
    • Relevant affidavits
    • Supporting exhibits (such as a copy of the will)
    • The Booklet of Pleadings
    • Application fee of €50
    • Proof that any legal cases relating to the estate have ended
    • Signatures of all involved parties, signed in front of a solicitor
    • Printed names of all parties to help draft the order

    If everything is in order, the Probate Office will prepare a consent order to remove the caveat.

  6. The probate process continues

    Once the caveat is removed, any paused probate applications can continue as normal.

    For more on related processes, like citations or court orders, see: Objections and citations (for solicitors).

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