If issues with the Will’s validity or the conduct of the executor are anticipated before Probate is granted,  a caveat may be lodged. A caveat will prevent Probate being granted until the caveat is removed. The person who lodged the caveat, the ‘caveator’, will be notified when an application for Probate is made.

An executor may be forced by a court order to accept or refuse their role as executor or apply for Probate. This process may be helpful where the executor is simply not taking any steps to apply for Probate and will operate to essentially hurry them along. If the executor fails to apply for Probate within the time appointed in the court order, then the next person entitled to be executor is able to make the application for Probate.

If issues arise after Probate has been granted, an application can be made to court, as outlined above, to challenge the validity of a Will or to remove an executor.

These applications are usually complex and care must be taken. You should obtain the advice of a solicitor before taking any steps.