What is a probate caveat and why are claims rising?

Probate claims were up by 13% in 2025, with the final quarter recording the highest quarterly volume in 10 years. There has also been a striking shift in probate disputes across England and Wales, with a 56% increase in probate caveats in 2024 compared to 2019.

In short, probate disputes are not only increasing; they’re accelerating. So, what’s driving this surge, and is this a trend set to continue? In this blog, our contentious probate solicitors look at what a probate caveat is in more detail*, and why they are on the rise.

* This blog provides information for probate caveats in England and Wales. There are different rules in Scotland and Northern Ireland.

What is a probate caveat?

A probate caveat is a legal written notice which temporarily pauses probate to prevent the estate from being administered and probate from being granted.

Why would someone enter a probate caveat?

Dealing with probate can be a lengthy and emotional process, and unfortunately, disputes can arise. The most common reasons for entering a caveat to pause probate include:

• To challenge whether the Will is legal
• To challenge whether the Will exists
• Appointing who can apply for probate
• If there are concerns over mental capacity

Caveats should be a last resort, and it’s important to try to come to a resolution with the other party or parties first to avoid legal action and costs.

How do you enter a probate caveat?

To enter a probate caveat, you must be 18 years old or over.  You can apply for a caveat either online, by post or by making an appointment to visit a probate registry, which costs £4 (correct as at July 2026).

Caveats can be entered without a death certificate; however, they must be added once the day of death and the name of the deceased are known. If any of the details entered are wrong, the probate application could be stopped.

Click here for full details on how to enter a caveat and what information you will need.

You can enter a probate caveat yourself without seeking legal representation; however, instructing a solicitor is recommended to ensure forms are filled in correctly and to take care of additional admin duties.

Time restrictions for entering a probate caveat

Probate caveats are valid for six months, and probate applications will be stopped by the probate registry the day after the application is received.

If the probate applicant disagrees with a caveat, they may issue a final warning. If you do not respond by ‘entering an appearance’ or issuing a court summons, you can extend a caveat for a further six months in the final month before the caveat expires. To do this, a Form PA8B will need to be filled in either by you if you’re entering without legal representation, or by your solicitor.

Can I withdraw or amend a caveat?

You can withdraw or amend a caveat unless you have ‘entered an appearance’, in which case this can only be removed by order of a District Probate Registrar, High Court Judge or District Judge. Read more about how to withdraw or amend a probate caveat here.

What happens after a probate caveat application has been sent?

After a probate caveat application has been sent, the Probate Registry will pause the process of issuing probate, and no Grant of Probate or Letters of Administration can be issued.

Why are probate caveats surging?

Probate caveats are increasing in England and Wales for several reasons, including:

1. An ageing population.

According to the ‘Preparing for an Ageing Society’ report, 27% of the population could be over 65 by 2074. More people living longer means more estates, more wealth transfers, and more opportunities for disputes.

2. Growing awareness of mental capacity issues.

In our 2015 Citizen 2025 report, our legal focus group predicted that 21-30% of over-70s would experience mental capacity issues in the future due to rises in Alzheimer’s and dementia, making it essential to get things like a Lasting Power of Attorney (LPA) in place. Read our legal guide to dealing with dementia here.

As public awareness of these issues grows, families are more likely to question:

• Whether a loved one fully understood their Will;
• Whether undue influence may have been involved; or
• Whether the testator had the required mental capacity when making the document.

These concerns frequently lead to challenges against Wills when the gifting is not necessarily in someone’s favour.

3. Reliance on inheritance

As the cost of living continues to rise, more people are becoming reliant on inheritance for financial security. Data from our Citizen 2025, care capacity and inheritance report revealed that a third (34%) of participants in a research study reported they were financially dependent on an anticipated inheritance to some extent, with those aged between 35 and 44 (47%) the most reliant on this inheritance.

4. No Will was created

The 2025 National Wills Register report confirms that only 37% of UK adults have created a Will, which is considerably less than previous reports, with financial circumstances and education on how to make a Will coming into play. When someone has died intestate (without a Will), spouses and children take precedence on the estate, which may cause conflict with the deceased’s unmarried partner.

5. A rise in DIY Wills

In a tight economic climate, many people view professional Will writing as an unnecessary expense and instead opt for homemade or handwritten Wills (including those written using AI) without accompanying legal advice.

Unfortunately, DIY Wills often include:

• Ambiguous wording
• Technical errors
• Failure to consider complex family structures
• Lack of proper execution formalities

Unregulated Will writers are not inherently bad, but they may not hold professional qualifications or even have legal backgrounds. This can lead to similar problems presented by DIY Wills and little recourse for the testator or beneficiaries when things go wrong. Read more about why you should get a solicitor to write your Will.

When problems emerge after death, disputes are far more likely.

6. Increase in blended families

Blended families are becoming increasingly common, which can result in difficult decisions when it comes to dividing assets between your children and stepchildren, which could arise in a dispute further down the line.

Contact our contentious probate solicitors

Our contentious probate lawyers are highly rated in supporting clients with probate disputes. To speak to a member of our team, call 0117 325 2929 or complete our online enquiry form.