Object to a probate application

You can prevent a grant of representation from issuing by filing a caveat in the Probate Office. A caveat is an objection to a grant issuing until certain issues are resolved.

Common reasons for lodging a caveat include questions about:

• whether the will is valid
• whether the will was properly signed
• whether the person making the will had the capacity to do so
• whether the person making the will was under undue influence

You should seek your own legal advice. The Probate Office cannot provide legal advice.

A caveat prevents a grant of probate or letters of administration from issuing until the caveat is removed or set aside.

What happens after a caveat is lodged

Find out more about caveats, warnings, appearances, consent to set aside, and court applications to set aside below.

An individual can submit a caveat, or a solicitor can submit one on their behalf.

If you do not live in the Republic of Ireland, you must provide an address for service within the jurisdiction.

Who can lodge a caveat

You may lodge a caveat if you have a beneficial interest in the estate. A creditor may lodge a caveat only for the purpose of grounding a citation or other court proceedings.

How to lodge a caveat

• Complete the caveat form
• Pay the €100 fee
• Lodge the caveat in the Principal Probate Office or the relevant District Probate Registry for the deceased’s residence

Information required for a caveat

• Full name (and any variations) of the person who died
• Last address of the person who died
• Date and place of death
• Your address for service

If the applicant for the grant of representation disputes your caveat, they may:

• issue a formal warning; or
• seek agreement that you withdraw the caveat

Withdrawing a caveat

You can withdraw a caveat by writing to the Probate Office. The withdrawal must be submitted by the person who entered the caveat or their solicitor.

A withdrawal can only be lodged when no warning or appearance has been lodged.

The applicant for the grant may challenge a caveat by lodging a warning. A warning is served on the person who entered the caveat.

How to issue a warning

• Lodge an original and 3 copies of the warning
• Address the warning to the caveator’s solicitor (if any) or to the caveator directly
• Pay the €30 fee

Once the warning is in order, the Probate Office will sign and stamp it with the issue date.

Serving the warning

The warning must be served within 14 days of the stamped date, in person or by registered post.

An appearance is a written response to a warning. It must be lodged within 14 days of the warning being served.

If a caveat has been warned and an appearance is lodged, the caveat remains in place and can only be set aside by a court order or by consent of all parties.

How to lodge an appearance

• Complete and sign the appearance
• Pay the €30 fee

If no appearance is lodged

If no appearance is lodged within 14 days of service of the warning, the caveat may be set aside by:

• Submitting an affidavit of service (exhibiting the original registered post slip where appropriate). An affidavit of service should only be lodged after 14 days following service.
• Obtaining a certificate of no appearance
• Paying the €50 fee (Rules Office orders are €50)

Note: The Probate Office will prepare the certificate of no appearance based on the affidavit of service.

If a caveat has been warned and an appearance has been lodged, the caveat can be removed by consent of all parties.

How to lodge a consent to set aside

• File a signed consent by all parties (those who lodged the caveat and those who issued the warning). Signatures should be witnessed by their solicitor(s).
• Include the printed names of all parties to assist with drafting the order.
• Pay the €50 fee

If legal proceedings have begun in relation to the estate, address this in the consent and include documentation confirming that the case has concluded (e.g. Notice of Discontinuance).

Once the consent is in order, the Probate Office will prepare a consent order to remove the caveat. When the caveat is lifted, any paused grant applications may proceed.

A court order is required to remove a caveat where an appearance has been lodged and the parties do not consent.

Requirements for a Probate Court application

• Notice of motion
• Supporting affidavit(s), where appropriate
• Original exhibits (including a copy of the will, where relevant)
• Booklet of pleadings (see Court applications)
• Fee: €100

Read about citations and other side-bar orders.