While a property caveat is lodged over real estate (see Law Handbook page on Caveats), a probate caveat is a specific type of caveat relating to an estate matter [see Succession Act 2023 (SA) s 62, Uniform Civil Rules 2020 (SA) Chapter 25 Part 4 Division 1 and r 254.3]

A probate caveat prevents (at least temporarily) an executor or administrator from obtaining a grant of probate or letters of administration that would allow the finalisation of an estate. It allows the person lodging the caveat to raise concerns they may have (such as whether the testator lacked legal capacity when they made their will, or whether there is a later will that revokes an earlier will) before probate or letters of administration is granted.

Like property caveats, a person lodging a probate caveat should have grounds for doing so, and the caveat should not be used as a tool simply to frustrate the estate process. For example, a person should not lodge a caveat when they intend to make a claim for inadequate provision under Part 6 of the Succession Act 2023 (SA), as this is more appropriately dealt with through other processes. The person lodging the caveat should be prepared to participate in court proceedings if the caveat is challenged. Court costs may apply and such proceedings may be complex. As there are cost risks involved in lodging a probate caveat where there are no grounds to do so, any person wishing to lodge a probate caveat should first seek legal advice.

A probate caveat will expire 6 months after it is lodged, unless it is otherwise withdrawn, dealt with, or extended in that time [Uniform Civil Rules 2020 (SA) r 354.1(5)].

All documents relating to a probate caveat must be lodged via the CourtSA online portal.

As at 1 January 2025, the fee for entering or withdrawing a caveat is $43. Always check the Courts Administration Authority website for the current fees.