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Probate and Caveats

What Is a Caveat and When Should You Use One?

When someone dies, their estate is usually administered by applying for a grant of probate (if there is a will) or letters of administration (if there is no will). Once a grant is issued, it gives legal authority to the people named in the grant to deal with the deceased’s assets. This includes collecting in those assets and distributing them to the legal heirs of the estate.

A caveat is a formal notice lodged at the Probate Registry, which prevents a grant from being issued. It is used where there is a dispute or concern about the validity of a will, or a disagreement about who should administer the estate.

In simple terms, a caveat puts the probate process on hold while issues are investigated or resolved.

When Should a Caveat be Used?

Common reasons for entering a caveat include:

• Doubts about whether the will is valid, including for lack of capacity or undue influence.
• Discovery of a later will or wills.
• Disputes over who is entitled to apply for the grant, including concerns about the conduct or suitability of the proposed executor or administrator.

A caveat is not appropriate for disputes under the Inheritance (Provision for Family and Dependants) Act 1975 and lodging a caveat in those circumstances or simply because you disagree with a will or an executor/administrator without good reason is an abuse of process that could have cost consequences.

If in doubt, you should seek professional advice as to whether a caveat is the appropriate step.

What Does a Caveat Do?

Once entered, a caveat:

• stops the Probate Registry from issuing a grant;
• lasts for six months but can be renewed; and
• applies to all applications for a grant relating to that estate.

While a caveat is in place, no one, apart from the person who lodged the caveat, can obtain probate until the caveat is removed.

How Do You Enter a Caveat?

Caveats are relatively inexpensive and straightforward to enter.

You can lodge a caveat for £3:

• online via the government website, or
• by post using form PA8A.

You will need:

• the deceased’s full name;
• date of death;
• last known address; and
• your own details as the caveator.

You do not need to explain your reasons when entering the caveat.

What Happens After a Caveat Is Entered?

If no one challenges the caveat, it simply remains in place for six months and can be renewed indefinitely.

If someone wishes to proceed with probate, they will seek to remove the caveat by ‘warning’ it. In order to protect a caveat against a warning, the person who lodged it must ‘enter an appearance’ to protect it.

‘Warning’ a caveat and ‘entering an appearance’ are procedurally complex steps requiring affidavit evidence, which must be filed and issued by the relevant district probate office. Therefore, professional advice must be obtained promptly if your caveat is warned. If the strict deadlines are not adhered to, or there are errors in the warning or appearance, then the caveat in question could be removed.

If solicitors are instructed in a probate dispute, it is always recommended that they renew or take over the management of a caveat to ensure deadlines are not missed and all correspondence is sent directly to them. If a caveat is inadvertently removed, then potential probate claims can be significantly weakened as the executors or administrators can apply for probate and distribute the assets. To protect a probate claim without a caveat, expensive and risky injunctions may need to be obtained to secure estate assets.

Once an appearance has been entered, a caveat can only be removed by way of a Court order. Therefore, if a party has entered a caveat incorrectly, there could be significant cost consequences.

Conclusion

Caveats should not be used lightly. Inappropriate or tactical use can delay estate administration unnecessarily, increase legal and administration costs and expose the caveator to adverse cost consequences if proceedings follow.

Ultimately, a caveat is a protective tool, not a weapon. Therefore, although it is easy and cheap to enter a caveat, legal advice should be sought as soon as possible, because caveats can quickly become complex and costly. However, when used correctly, they are essential to pursuing a successful probate claim.

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Quastels Announces New Partner Appointments

Quastels LLP is pleased to announce that Nargiz Abdullayeva is now a partner, and the arrival of Ben Gale and Charlotte Vallins as partners, marking an important step in the continued growth and strengthening of the firm’s real estate and corporate practices.

These appointments reflect Quastels’ ongoing commitment to recognising exceptional talent from within the firm while also attracting highly regarded lawyers who bring depth of experience, strong market reputations and a client-focused approach.

Nargiz Abdullayeva, Residential Real Estate

Nargiz Abdullayeva is now partner following an exceptional career progression at Quastels. She joined the firm’s Residential Real Estate team as a solicitor in 2018 and brings over 10 years’ experience advising on high-value residential transactions for UK and international clients.

Nargiz has played a key role in the development of the firm’s Residential Real Estate practice and leads on Turkish client transactions, combining deep market knowledge with strong commercial insight. In her new role as partner, she will continue to strengthen the firm’s real estate offering, heading Turkish client transactions and supporting clients on complex, cross-border matters. Her promotion reflects both her technical expertise and her significant contribution to the firm’s growth.

Her appointment reflects both her technical expertise and her significant contribution to the firm’s growth.

If you’d like to discuss how Nargiz and her team can assist you in residential real estate matters, whether UK-based or international, please contact her via her email, nabduallyeva@quastels.com or call +44 7799 277084.

Ben Gale, Corporate

Ben Gale has joined Quastels as a partner in the Corporate team, bringing extensive experience advising a broad range of clients, from entrepreneurial businesses to established corporates, on UK and cross-border matters.

His practice covers mergers and acquisitions, private equity and venture capital transactions, joint ventures, restructurings and general corporate advisory work. Ben has particular sector expertise in retail, hospitality and leisure, the testing, inspection, certification and compliance (TICC) sector, and the fast-growing online prize draws and competitions (PCD) space. 

Ben joins the firm from Irwin Mitchell and is highly regarded for his commercial focus, responsiveness and ability to drive transactions forward under demanding timeframes. He was recently shortlisted for Corporate Lawyer of the Year at the Insider Media South-East Dealmakers Awards, reflecting his strong market standing and dedication to client service.

If you’d like to discuss how Ben and his team can assist you in corporate matters, please contact him via his email, bgale@quastels.com or call +44 7341 590470.

Charlotte Vallins, Commercial Property

Charlotte Vallins has joined Quastels as a partner in the Commercial Property team. Specialising in commercial real estate for private and institutional investors in relation to freehold and leasehold acquisitions, disposals and financings of all complexity, she brings more than 15 years’ experience.

Charlotte joins Quastels from a large regional firm and is known for her proactive, pragmatic and client-focused approach. She is recognised for her attention to detail, clear communication and ability to deliver timely, commercial results. Charlotte is also listed as a Next Generation Partner in Legal 500, where she is praised for her professionalism, depth of knowledge and outstanding client service.

Her appointment further strengthens Quastels’ Commercial Property offering and reinforces the firm’s commitment to delivering high-quality, commercially focused advice.

If you’d like to discuss how Charlotte and her team can assist you in commercial property matters, whether UK-based or international, please contact her via her email, cvallins@quastels.com, or call +44 7351 590460.

Looking Ahead

The promotion of Nargiz and the appointments of Ben and Charlotte represent an exciting chapter for Quastels as the firm continues to build depth across its core practice areas. Together, they enhance the firm’s ability to support clients with complex, high-value and strategically important matters, both in the UK and internationally.

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A Welcome Relief

Ever since they were announced at Autumn Budget 2024, the Government’s reforms to Agricultural Business Relief (APR) and Business Property Relief (BPR) have been a source of great concern to many owners of farms and family businesses. This has been particularly the case for farmers, who worry that an Inheritance Tax (IHT) bill may be unaffordable given the combination of small farming incomes and high land values, and therefore that succession to the next generation may become unviable.

However, in a rare bit of good tax news, the Government announced a pair of changes late last year that will both save tax and somewhat simplify planning.

The changes

For a full explanation of the reforms as originally proposed, see our previous article. In brief, they mean that from 6 April 2026 a cap will be introduced on the total value of property on which APR and BPR can be claimed at the rate of 100%. Anything above that threshold will be limited to 50% relief.

The first change to the proposed reform came at the 2025 Budget, when it was announced that the threshold would become transferable between a married couple or civil partners. In other words, if the person who died first did not fully utilise their own 100% allowance (for example, because they left the assets qualifying for relief to their spouse/civil partner), the person who died second would then be able to claim a double allowance.

Significantly, the Government confirmed that this would apply even where the first person had died before the reforms were announced. This will therefore avoid one of the significant points of unfairness that had been identified with the original proposals, in which a person who had been widowed before Autumn Budget 2024 would have missed out on the opportunity to take advantage of their deceased spouse/civil partner’s allowance.

The second change was slipped out in a press release on 23 December 2025, although no doubt will have come as a welcome Christmas present for many families. This increased the allowance for 100% relief from £1 million to £2.5 million.

What it means for you

These changes will clearly be good news for owners of family businesses and agricultural land. Two key benefits are:

• the transferability of the allowance means that it will no longer be as necessary to structure estate planning in such a way as to utilise the allowance on the first death (for example, by giving a share of the land/business to children or a trust); and
• the increased thresholds can reduce IHT bills for anyone with a farm or business worth more than £1 million, and for some may mean they no longer have an IHT bill at all.

However, despite these changes, careful planning and expert advice will still be very important.

For one thing, many families will still find themselves with a sizeable IHT bill even with the increased threshold. They may benefit greatly from proper estate planning advice. The best strategy will of course depend on their particular circumstance, but could for example include lifetime gifts of land, company shares or partnership capital, or redirecting assets into a trust (which will still benefit from their own separate £1 million allowance for 100% relief).

Moreover, it is important to remember that the conditions for claiming APR and BPR have always been very strict and full of traps for the unwary. Very small details may result in a loss of relief (and therefore a vastly-higher tax bill) if not spotted in time.

If you are planning to rely on APR or BPR as part of your own succession plan, please do contact the Private Wealth and Tax team at Quastels, who have a great deal of specific experience in this area. We can review your current arrangements and identify the risks and opportunities you need to consider.

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