In recent years there has been a marked increase in the number of probate disputes in England and Wales. According to data from Solomonic, in 2025 alone there were 1,200 probate claims issued in the High Court. However, this increase in disputes is perhaps most evident in the 11,589 caveat applications in the 12 months leading to July 2025, a 12% year on year increase.
Caveats
A caveat is written notice to prevent a grant of representation from being issued, which essentially pauses the probate process for an initial period of six months. A caveat is usually entered on two main grounds, those being that the caveator (the person who puts the caveat in place)
- Doubts the validity of the Will,
- Objects to a specific person administering the estate
This allows the caveator time to gather their evidence to challenge either the Will or set out why the person who has applied for the grant of representation should not act on behalf of the estate.
Why are caveats increasing?
Transfer of wealth
We are in the midst of one of the largest intergenerational transfers of wealth. It has been estimated that roughly £5.5 trillion will be passed down through inheritance over the next 30 years. In addition, property values have spiked in recent decades meaning that even relatively small estates can be worth hundreds of thousands of pounds.
When this is taken with ongoing economic pressures facing an increasing number of households, people are increasingly willing and often required to fight to guarantee their inheritance. The low fee of £3 for online applications makes the caveat a cost-effective option to afford time to gather evidence and obtain legal advice
Changing family dynamics
Modern family arrangements are less likely to conform to the traditional nuclear family. Families now often include second marriages, stepchildren, and children from multiple relationships, creating more nuanced family structures.
These more complex relationships can lead to competing expectations and misunderstandings about inheritance rights, particularly where a Will does not explicitly address these varied relationships. This increased complexity increases the likelihood of disputes during the estate administration process.
Aging population
The UK’s ageing population is also a significant factor in the increased number of claims. Approximately 1 million people in the UK are currently living with dementia, with this figure projected to rise to 1.4 million by 2040.
Concerns about mental capacity at the time of a Will’s execution are among the most common grounds for challenging validity. This often prompts challengers to enter a caveat while they gather medical evidence.
How we can help
If you someone has entered a caveat against an estate you are the executor of, or if you wish to consider entering a caveat and making a claim against an estate, seeking early legal advice is crucial. At Taylor Emmet, our experienced team can provide expert advice and representation for a wide range of contentious probate matters, whether bringing or defending a claim.