A new report has highlighted a sharp rise in the number of people using a little-known legal tool to put the brakes on an estate being administered after someone dies. Whether you’re currently dealing with a bereavement or thinking about planning ahead, it’s worth understanding what this means.
What is a probate caveat?
When someone dies, their estate usually needs to go through a legal process called probate before assets can be distributed. A caveat is a formal notice that stops a grant of probate from being issued, effectively freezing the estate for up to six months while concerns are investigated. It can be renewed for further six-month periods if needed.
The process is surprisingly accessible: anyone over 18 can apply to the Probate Registry, and it costs just £3.
Why are more people using them?
New data obtained from the Ministry of Justice shows that caveat applications rose by 12% in the twelve months to July 2025, reaching 11,589, up from 10,313 the previous year. That’s a significant jump, and it follows a longer-term trend: just over a decade ago, fewer than 6,500 caveats were filed in a year.
The reasons behind the rise aren’t hard to identify. Rising property prices mean that even relatively modest estates can be worth £500,000 or more, enough to make family disagreements financially significant. The growing complexity of modern families, with second marriages, stepchildren and half-siblings increasingly common, also plays a part.
Concerns typically fall into a few categories:
- Validity of the will: was the person of sound mind when they signed it? This is particularly relevant where dementia or other cognitive decline was involved.
- Undue influence: was a vulnerable person pressured into changing their wishes?
- Suitability of the executor: is the person named in the will the right person to be handling the estate?
What happens when a caveat is entered?
Once a caveat is in place, the executor cannot obtain the grant of probate needed to collect and distribute the estate’s assets. This can create practical complications if, for example, a property needs to be sold or there are debts accruing in the meantime.
It’s important to note that a caveat should only be used where there is a genuine concern. Entering one simply to delay or frustrate the process, rather than to investigate a real issue, is not appropriate.
What can you do to reduce the risk of a dispute?
The best protection against probate disputes is good planning during your lifetime. A well-drafted, regularly reviewed will is the obvious starting point, but a letter of wishes alongside it can also help explain your decisions to loved ones and reduce the potential for misunderstanding.
If a dispute does arise, early mediation is often a far better route than court proceedings. It tends to be faster, less expensive, and considerably less damaging to family relationships.
How we can help
At Burd Ward, we work with clients on both sides of this issue.
If you want to protect your estate and reduce the risk of a dispute after you’re gone, we can help you put in place a carefully drafted will that’s built to stand scrutiny, one that clearly reflects your wishes, accounts for your family circumstances, and leaves as little room for ambiguity as possible. We can also advise on letters of wishes, Lasting Powers of Attorney, and other steps that make life easier for the people you leave behind.
And if you find yourself on the other side of the equation, with genuine concerns about a will that’s already been made, we can advise you on your options, including whether a caveat is appropriate and how to go about challenging a will.
Either way, the earlier you take advice, the better. If you’d like to talk things through, please don’t hesitate to get in touch with our team.
Source: Law Gazette — Law firm research shows more people paying £3 to block probate grants for six months