Inheritance disputes: growing number of £3 caveats used to block probate applications

More people are disputing a loved one’s Will by lodging a £3 caveat which stops all applications for probate for six months while concerns are investigated.

There has been a 12% increase – up to 11,589 by 31 July 2025 – in the number of people using a caveat to block the administration of an estate in this way reflecting the continuing rise in families finding themselves at loggerheads over an inheritance.

Whilst caveats can play an important role in safeguarding legitimate interests, they can also cause problems and delays to the probate process if misused or left unresolved.

It’s important to be aware of what to do, and the prompt action needed, whether you want to challenge a Will with a caveat or respond as an executor to a caveat.

What is a caveat used for?

When someone dies, their estate – property, possessions and money – must be distributed to the beneficiaries named in their Will.

This process, known as probate, usually requires the administrator or executor named by the person who made the Will, to obtain the legal right to do this by obtaining a grant of probate or representation.

A caveat prevents the probate registry from issuing this grant for six months hopefully enabling the parties to resolve disputes before the estate is administered.

Who can lodge a caveat?

You must have a legitimate interest in the estate. The main reasons for lodging a caveat are:

• Doubts about the legal validity of the Will – including that the testator did not have the mental capacity to make the Will, that the Will is fraudulent or that there is a more recent Will in existence.
• Concerns that the deceased’s estate is not being managed properly by the person applying for probate.

A caveat, which can be extended for a further six months by paying another £3, is a powerful device and must not be used without careful consideration and due regard for the delay it can cause to the distribution of inheritance.

Both claimants and executors are obliged to act promptly and reasonably to ensure the efficient administration of the estate.

How do you respond to a caveat blocking your probate application?

Unless the caveat is renewed, it will expire after six months.

If you don’t want to wait for this to happen before you apply for probate again, the first step is for the proposed executor to ‘issue a warning’. This is a formal document asking the person who lodged the caveat (known as the caveator) to remove it or explain why it should remain in force.

If the caveator does not enter a response, known as ‘an appearance’, the caveat can be removed. If an appearance is entered, the caveat becomes permanent and can only be resolved by agreement between the parties or through court proceedings.

Why is specialist legal advice so important?

This, as you can see, is a highly complex area of the law.

If you think you have a claim against an estate or are facing a dispute as an executor or beneficiary, particularly if a caveat has become permanent, it’s vital to take specialist legal advice.

Wards Solicitors’ Contentious Trusts and Probate work is highlighted as a recommended practice area in the independent Legal 500 guide for 2026 which also highlights our outstanding professional service standards and high levels of legal expertise across the firm.

Contact any member of the Contentious Trusts and Probate Team for more information.