What is a 'probate caveat' and when should I file one?

A probate caveat is a document that is filed in court to prevent the proposed executors or administrators of a deceased person's estate from getting permission to administer the estate assets.

A probate caveat is used to challenge a Will document itself, for example, where someone believes that the Will was forged or was not written and approved by the deceased person. A probate caveat should not be used where someone wants to challenge the content of a Will or make a family provision application. For more information about the different types of estate challenges, see our article 'What are the avenues to challenge a Will?'

If someone files a probate caveat in the wrong circumstances, the court may order that person to pay the costs incurred by the other party in dealing with the caveat.