How to object to or stop 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 you might have to the process.
There are many reasons someone might want to file a caveat or objection but some of the most common questions people have include:
- Is the will valid?
- Is the will signed properly?
- Did the person making the will have the cognitive capacity to make a valid will?
- Was the person making the will under undue pressure from another party?
You should seek your own legal advice if you have any questions about lodging a caveat as the Probate Office does not provide legal advice.
A caveat prevents a grant of probate or letters of administration from being issued.
What happens after a caveat is lodged
- The party applying for the grant of representation can warn a caveat by lodging and serving a warning to caveat.
- The party who is served with a warning has the option to lodge an appearance within 14 working days.
- If a caveat has been warned and an appearance is lodged, the caveat will remain in place and can only be set aside by an order of the court or by consent of both parties.
Find out more information about caveats, warnings, appearances, and consent to set aside below.
Caveat
An individual can submit a caveat or can use a solicitor to do so on their behalf.
If you do not live in the Republic of Ireland, you must have an address for service within the jurisdiction.
To enter a caveat, you must
- Complete a caveat form
- Pay the €100 fee
- Lodge the caveat in the Principal Probate Office or the relevant District Probate Registry applicable to where the person who died lived
Information required for a caveat form
To complete a caveat, you must submit the following information:
- Full and variations of the name of the person who died
- The address of the person who died
- The date and place of death of the person who died
- Your home address
If the applicant for the Grant of Representation disputes with your caveat, they might:
- Issue a formal warning
- Come to an agreement with you and ask you to withdraw
Withdrawing a caveat
You can withdraw a caveat by writing to the Probate Office. This withdrawal must be submitted by the person who entered the caveat or the solicitor acting on their behalf.
A withdrawal can only be lodged when no warning or appearance has been lodged.
Warnings
The party applying for the grant of representation can challenge a caveat by lodging a warning.
A warning is a written response to a caveat.
If the party who lodged the caveat does lodge an appearance to the warning, the caveat will remain in place until removed by court order or by lodging a consent to set aside a caveat.
How to issue a warning to a Caveat
To issue a warning, you must:
- Lodge an original and 3 copies of the warning
- If the party who lodged the caveat has a solicitor, the warning must be addressed to the solicitor or if the party lodged the caveat independently, it must be addressed to that person
- Pay the €30 fee
Once the warning is submitted and in order, the Probate Office will sign it and stamp it with the issue date.
Serving the warning
The warning must be served within 14 working days of the stamped date in person or by registered post.
The party who lodged the caveat then has 14 working days to lodge an appearance to the warning from the date it was served.
Appearances
An appearance is a written response to the warning. It must be lodged within 14 working days of the warning being served.
If a caveat has been warned and an appearance is lodged, the caveat will remain in place and can only be set aside by an Order of the Court or by consent of all parties.
How to lodge an appearance
To lodge an appearance, you must:
- Complete and sign the appearance
- Pay the €30 fee
If there is no appearance lodged
If there is no appearance lodged within 14 days of the warning being served, the caveat may be set aside by:
- Submitting an affidavit of service. Exhibiting the original registered post slip where appropriate
- Obtaining a certificate of no appearance
- Pay the €50 fee (all rules office orders are €50)
Note: The Probate Office will prepare the certificate of no appearance based on the affidavit of service.
Consent to set aside a Caveat
A court order is required when a caveat has been warned, an Appearance has been lodged, and both parties do not agree to remove the caveat.
Requirements for a court order to set aside a caveat
- A Notice of Motion
- Affidavits where appropriate
- Exhibit(s) - including a copy of the will
- The Booklet of Pleadings - See Court Applications
- A fee of €50
- If legal proceedings have begun on the estate, it must be addressed on the consent to set aside. You must include documentation to confirm that the case has ended (e.g., Notice of Discontinuance).
- You must include the signatures of all the parties (those who lodged the caveat and those who issued the warning). This document must be signed in the presence of their solicitor(s).
- Include print names of all parties to help with drafting the order.
If all the above requirements are met, the Probate Office will prepare a consent order to remove the caveat. Once the caveat is lifted, any halted Grant of Representation applications will proceed as intended.
Information for solicitors
Citations
If someone has an interest in the assets of a deceased individual, such as a beneficiary or a creditor, they can call on the executor or the next of kin to apply for a grant of probate or show cause as to why the grant should not issue to the citer.
When a citation is being served by the Chief State Solicitors, they must show proof of service of the citation by advertising in four national publications over a continual weekly basis.
For a citation, you must submit the following:
- A caveat
- 3 citations (Order 79 Rule 52-8, and Forms 23-32 Appendix Q) 1 original and 2 copies
- A grounding affidavit – exhibiting the death certificate and will (where appropriate)
- A fee of €130 (€30 for the citation and €100 for lodging the caveat)
Citations to exhibit inventories
If a grant of representation has been issued and a person with an interest in the deceased estate is compelled to exhibit an inventory, the procedure is the same as above, but no caveat is required.
Once the citation is approved, it will be signed and dated by the Probate Office. A sealed original and a copy will be returned to the applicant.
Serving a citation
- The original citation must be shown to the cited party, and a copy given to them.
- If the person has a solicitor on record, the citation can be served by registered post.
The cited party has 14 working days to lodge an appearance to the citation.
Side Bar Orders
Appearances to a Citation
An appearance to a citation is a written response by the cited party and must be lodged within 14 working days of being served.
To lodge an appearance to a citation, you must:
- Complete and sign the appearance
- Pay the €30 fee
An appearance lodged beyond 14 working days may be accepted, once no affidavit of service has been lodged.
No Appearance to Citation
If there is no appearance lodged within 14 working days, the party who lodged the citation may submit an Affidavit of Service along with a fee of €50. Exhibiting the original registered post slip where appropriate.
The Probate Office will then draft a Certificate of No Appearance stating that no appearance was received, to nullify the cited party’s priority.
14 Day Ruling
If the party – who was cited – lodges an appearance but fails to obtain a grant of representation, the party who issued the citation can apply for a 14 Day Ruling if no application is made.
They must:
- Submit a Grounding Affidavit
- Pay the €50 fee
If approved, the Probate Office will prepare and provide two copies of a 14 Day Ruling to the applicant, which then must be personally served.
If the cited party has a solicitor, service can be done by registered post.
The cited party then has 14 working days to apply for a grant of representation. Failure to do so allows the party who issued the citation to submit an Affidavit of Service, along with a fee of €50.
Certificate of No Application
This is the final side bar issued by the Probate Office and will set aside the priority of the cited party.
They must:
- Submit an affidavit of service
- Pay the €50 fee
Following this, the Probate Office will draft the final sidebar order, removing the cited party's priority.
The cited party can apply to the Probate Office for an extension of time to lodge an application.