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Probate

Caveat

Also known as: Probate Caveat

A formal notice lodged with the court that pauses a grant of probate until a dispute about the Will is resolved.

What it means

A caveat is a warning filed in the Supreme Court that stops a Grant of Probate (or letters of administration) from being issued without first notifying the person who lodged it. It is the main tool for someone who believes a Will is invalid — for example because of forgery, lack of testamentary capacity, or undue influence. It buys time to investigate before assets are distributed, but it should not be used simply to express unhappiness with what a Will says.

How it's used

A caveat typically lasts six months and can be renewed; lodging one without proper grounds can expose the caveator to costs. Example: Suspecting her late father signed his Will while seriously unwell, Priya lodged a caveat so the estate could not be distributed before a doctor's evidence about his capacity was obtained. To challenge how the estate is shared rather than the Will's validity, a family provision claim is the right path instead.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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