Recent reporting by Today’s Wills and Probate indicates that caveat applications have increased by a further 12% year on year, continuing the upward trajectory of probate disputes in England and Wales.
Jenny Carter, Solicitor and Tatiana Morais Peralta, Trainee Solicitor, of our Contentious Probate Team explore this further and in light of the common trends causing an increase in probate dispute, which we explored at the start of this year in our previous article The Rising Tide of Probate Disputes: What 2026 Has in Store.
Caveats: what are they and when are they appropriate?
A caveat is a formal notice lodged at the Probate Registry to prevent a Grant of Probate or Letters of Administration from being issued. It can be a valuable protective measure, if used appropriately.
A caveat should generally only be used where there is a genuine belief that a claim exists, or is likely to arise, for example where there are concerns about a will’s validity, or there is a dispute about who is entitled to take out a Grant. It can allow time to investigate these concerns before the estate is administered.
Caveats can be particularly important where there is a risk that assets could be distributed before a claim is brought. If a Will is successfully challenged but the assets have already been incorrectly distributed, it may be very difficult to recoup them.
Risks and drawbacks of caveats
If a caveat is lodged without proper grounds, it can be challenged and removed, incurring further delays and possible adverse costs consequences.
For example, claims under the Inheritance (Provision for Family and Dependents) Act 1975 must usually be issued within six months of the grant being issued. However, using a caveat to ‘buy time’ in these circumstances is not appropriate. If a caveat is entered, then successfully challenged and removed, the party who entered it may be exposed to liability for the costs of that challenge and attract criticism for obstructing the administration of the estate.
There are also practical downsides:
-
- The estate cannot be administered without a grant, meaning assets are ‘frozen’
- Ongoing costs may accrue, including insurance, maintenance and professional fees;
- Assets may diminish in value if they are left unattended, for example, property may fall into disrepair making it difficult to sell in the future.
Why more people may seek to challenge a will
Rising estate values in Devon and Cornwall
One of the factors contributing to the increase in probate disputes is the rise in property values across much of the UK.
The Office for National Statistics data shows that average house prices in Cornwall increased rapidly during the Covid‑19 period, rising from around £196,000 in 2015 to peaks above £300,000 in late 2022. Since then, the market has levelled off, with modest year‑on‑year declines bringing the average price to approximately £274,000 in early 2026. A similar pattern can be seen across Devon.
While this data indicates some softening in the market, average values in Devon and Cornwall remain materially higher than their pre‑pandemic levels. For many families, this means that the family home represents the most valuable component of the estate. As such, even a relatively small change under a will can have significant financial consequences, which may make claimants more willing to take the risk of pursuing litigation.
The “Great Wealth Transfer”
We are also in the midst of a significant intergenerational transfer of wealth. Inheritance now plays a central role in many people’s financial planning, particularly where home ownership feels increasingly out of reach.
With household costs continuing to rise, beneficiaries may be more reliant on expected inheritances to maintain their standard of living or to assist with housing, debt, or care costs. Where expectations are not met, disputes are more likely to follow.
Combining these complex personal circumstances with increasingly higher-value estates, can leave disappointed beneficiaries feeling that the stakes are too high to ignore. A caveat is therefore often one of the first and most effective steps used to preserve the status quo.
DIY and low‑cost wills
Another growing feature in probate disputes is uncertainty caused by DIY wills or cheaply prepared documents. These wills can give rise to concerns about:
-
- Whether the will was correctly signed in accordance with the formalities set out in the Wills Act 1837;
- Whether the will reflects the testator’s true intentions;
- Whether they understood the effect of what they were signing;
- Whether there were issues of capacity or influence.
Whilst solicitor‑drafted wills are not immune from challenge, professionals are trained to assess testamentary capacity and identify red flags. This can provide greater evidential certainty later on if a will is questioned.
How Wolferstans can help
The continued rise in caveat applications suggests that probate disputes are likely to remain a prominent feature of private client work for the foreseeable future. While caveats are not suitable in every case, they remain an important tool in managing risk, preserving assets and creating space for proper investigation and resolution. As with many aspects of contentious probate, timing and strategy are key and getting it right early on can make a significant difference to the outcome.
If you are concerned about the administration of an estate or believe a will may be open to challenge, our specialist Contentious Probate Team at Wolferstans are able to advise on all aspects of probate disputes.