During the first quarter of 2025 there were 80,278 applications for grants of representation; of those, 67,341 involved proving a will. In the last quarter of 2024, there were 3,061 applications to enter a "caveat" with the Probate Registry. This was an all-time high.
As a result, early this year nearly 5 per cent of probate applications submitted faced 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.
They are, however, frequently used as a means of delaying a grant of probate whilst someone assesses whether to claim against the estate because they were financially dependent on the deceased. Whilst this is an inappropriate use of the caveat process, it is why many caveats are lodged.
There appears to be an upward trend in the number of wills being challenged, evidenced by many law firms expanding their teams that deal with contentions matters relating to wills, estate administration and trusts over recent years.
There are many factors behind that trend this advisors need to be mindful of when advising their clients on estate planning and wealth management.
Disappointed beneficiaries have far greater knowledge of the caveat process and their potential rights and ability to challenge wills. The web and AI have replaced the 'chap in the pub told me' and now provide far more accurate resources.
The process for lodging a caveat is very easy and low cost: the fee is only £3 ($4.07). Since the process recently moved online, it can now take only a few minutes and a minimal fee to block the issue of a grant, consequently more people are likely to use the system, and not always for appropriate reasons. There is no requirement to include reasons for the application in the documentation.
Based on the 2021 census in England and Wales, of a total population of 59.5 million, 18.5 per cent (11.06 million) were aged 65 and over. In the 2011 census 16.4 per cent of the population was over 65, and the percentage was similar in 2001, but the number was 8.3 million. Over 20 years, the number of people over 65 diagnosed with dementia in England and Wales has increased by 2.76 million.
The ageing population influences the number of will challenges in various ways.
As of December 2024, 483,000 people aged over 65 had a formal dementia diagnosis. This is 4 per cent of the population aged over 65 at the last census. Whilst a dementia diagnosis does not mean a lack of capacity to make a will, it is potentially a factor. With age may come many other health conditions that affect an individual's ability to make a will, and that may be a reason for more wills being challenged based on validity.
Age also tends to result in social isolation. This in turn can lead people to rely heavily on certain individuals while seeing others less frequently. "Out of sight, out of mind" does influence some people's views on who should inherit from them. For others, if they have become reliant on certain people who willingly support them, they may want to provide for them to a greater extent than others who they may have historically wanted to benefit from their estate. Neither of those is necessarily wrong, but this can stray towards pressure and undue influence in terms of affecting someone's testamentary decisions and, sadly, at the extreme, can result in financial exploitation and coercion. This is what results in challenges to wills based on undue influence, forgery, and lack of understanding or capacity.
The population living longer also means that their heirs are waiting longer to inherit. This may mean people are financially more reliant on an inheritance, as their own pension provisions may have been lacking, or they have been assuming that they would inherit and pay off their mortgage that way.
Linked to this is that more people require care in older age, and living to a greater age means that the costs are more significant, with their estate having been reduced as a result. As a result, there is less to "share" between the beneficiaries and, for those under financial strain, possibly a greater willingness to challenge a will.
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 which they believe to be inequitable, or where they have been supported financially by a parent prior to their death and believe that dependency and ongoing need for support should be reflected in what they receive from the estate after their parent's death.
Second marriages are increasingly common, and where there are children from previous relationships, this can create tension over who should benefit on death, leading to challenges where either the spouse or the children feel they have not been provided for.
It is common to see circumstances where one child in the family is, for any number of reasons, financially less secure than others, and greater provision for them has been made in the will that may then be challenged.
What do those trends mean for advisors and clients?
- Taking will instructions is likely to take longer to ensure that there is sufficient evidence against claims of undue influence or incapacity, but AI and technology may help streamline the process and keep costs reasonable.
- Clients should expect to share more personal details when giving will instructions to ensure that their wishes are followed, as decisions, such as complete exclusion of a potential beneficiary, unequal provision between beneficiaries or provision for a second spouse, may face scrutiny after death.
- Financial advisors should note when clients financially support children and explain how this can affect estate planning and distribution, especially if adult children remain in the family home, which can make estate administration very demanding.
- Advisors should remind potential heirs not to rely on future inheritances, as the future inheritance may reduce in value over time or testamentary wishes may change.
- Advising widows or former civil partners means helping them understand what constitutes reasonable provision so any claim that may be needed can be addressed in a time- and cost-effective manner.
- For guaranteed provision, consider life insurance in trust, and review pension or death-in-service nominations if will challenges or dependency claims are possible.
- Personal representatives should anticipate longer, costlier estate administration if challenged, and typically wait six to 10 months post-grant of representation before distributing assets.
Originally published by WealthBriefing
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.
