The number of people formally challenging wills and delaying probate has risen, according to recent figures reported by the Law Gazette and data from the Ministry of Justice.
A caveat – a legal mechanism that prevents a grant of probate from being issued – can be entered for a fee of £3 and lasts for six months, with the option to extend. It is commonly used by individuals who intend to dispute a will or raise concerns about how an estate is being administered.
Data from the Ministry of Justice shows that 11,589 caveats were lodged in the 12 months to 31 July 2025, representing a 12% increase on the previous year. The figures indicate that more estates are becoming subject to formal dispute at an early stage.
Separate statistics from HM Courts & Tribunals Service show that probate cases are also taking longer to resolve. The number of cases open for between six and 12 months has risen steadily since mid-2025, while longer-running cases have also increased. In February 2026, 2,315 cases had been open for between 12 and 24 months, with the total probate caseload standing at 42,151.
Several factors are likely driving this trend. Rising property values mean estates are often worth significantly more, increasing the financial stakes and the likelihood of disputes. At the same time, more complex family arrangements – including second marriages, stepfamilies and informal relationships – can create uncertainty over who should benefit.
There is also greater awareness of the ability to challenge a will. Disputes may arise over concerns about validity, allegations of undue influence, or disagreements about who should administer the estate.
Taken together, the figures suggest a probate system under growing strain, with more estates entering dispute and an increasing number of cases taking longer to resolve.
Please contact us if you would like more information about the issues raised in this article or any aspect of wills and probate.
