In the last quarter of 2024, there were 3,061 applications to enter a 'caveat' with the Probate Registry. In the first quarter of 2025, there were 80,278 applications for grants of representation; of those 67,341 involved proving a will.
On that basis, nearly five percent of applications to prove a will at the start of this year were subject to a caveat.
A caveat is a formal notice lodged at the Probate Registry to prevent a grant of representation being issued. Typically, this is due to concerns about the validity of a will, such as allegations of fraud, forgery, lack of testamentary capacity, or claims of undue influence.
A caveat lasts six months and can be renewed indefinitely. To remove it, the personal representatives must serve the applicant with a notice and the applicant has 14 days to confirm their interest; otherwise, the caveat is lifted. If they respond, the caveat remains until formal resolution to the issue.
The number of Caveats being lodged is rising for many reasons and probably in part due to the low £3 fee and easy online filing process. No immediate legal advice is needed, and there is no requirement that the caveat is based on concerns over the validity of the will.
Often, they are lodged purely on the basis of the individual, in their view, not being sufficiently provided for or because they do not consider the executors suitable, neither of which is a suitable ground for a caveat.
There's also the possibility that greater access to online information and AI technology makes individuals more aware of the possibility of stopping a grant from being issued.
The other factors in the rise in challenging wills include the increasing wealth gap between parents and children and the aging population. Children are waiting longer to inherit, and the inheritance is often smaller than anticipated, frequently because of care costs in later life and inheritance tax.
An increasing number of children are expressing that their financial security depends on inheritance, largely due to insufficient pension provisions and the growing costs associated with living expenses and housing. These factors contribute to a greater likelihood of individuals contesting wills they believe to be inequitable.
Complex family structures and larger age gaps between spouses or children have led to more will disputes. The return of adult children to the parental home also increases the likelihood of claims for financial provision.
Sadly, with an aging population, there is an increase in vulnerability, and there are more instances of people preying on the vulnerable to change their wills. That is a factor that cannot be ignored; many of the caveats are genuinely lodged for good reason.
What do those trends mean for advisers and clients?
- Taking will instructions is going to be more time-consuming than previously to ensure adequate evidence to rebut potential claims of undue influence, lack of capacity, fraud or forgery, if challenges on these grounds are increasing. AI and technology may, however, become tools that can be used to balance out the time spent and keep charging for wills proportionate to the task.
- For clients, it means being prepared to have to divulge more about your life than you may choose to in your will instructions to ensure your wishes are adhered to and your will is implemented. The reasons for greater provision for one child or a second spouse may be highly scrutinised after your death, despite your right to leave your estate entirely as you wish.
- For personal representatives, they need to be prepared for the administration of estates to be more protracted and costly if the will is challenged. Typically, the advice to personal representatives is to wait six months from the issue of the grant of representation before distributing the estate on the basis that is the timeframe in which any claim should come to light. The cautious approach is to wait 10 months from the issue of the grant of representation, as this is the time by which the personal representatives should have been notified of any claim for financial provision from the estate.
Ultimately, the increasing likelihood of will disputes demands diligence from advisers, transparency from clients, and patience from personal representatives. As family structures and financial pressures shift, thorough documentation will play a central role in safeguarding the implementation of an individual's will. Proactive communication and careful planning are vital to navigating these complexities and reducing the risk of an estate being contested.
Originally published by eprivateclient
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
