A persistent myth — and why it matters

One of the most common misconceptions we still hear is that disputing a will is rare or something only done in extreme circumstances.

In reality, the picture is more nuanced — and recent data suggests that people are more willing to challenge a will than ever before.

What the data is now telling us

An article published on the 9^th April in the Law Society Gazette reports a 12% rise in the number of people paying £3 to enter a probate caveat, which temporarily blocks a grant of probate from being issued after someone has died [1].

A caveat does not start a court claim. What it does show, however, is that more people are prepared to take formal steps to pause an estate administration while their concerns are explored.

The article notes that:

• Caveats are often used where someone is questioning the validity of a will, or
• Where there are concerns about who should be administering the estate
• Rising estate values and complex family dynamics are cited as contributing factors [2]

In short, more people are willing to challenge — or at least question — how an estate is being dealt with.

Myth: “If someone had a problem, they would have raised it earlier”

This is another common misunderstanding.

In many cases:

• Concerns only come to light after death
• Families may not have seen the will before
• Information about the deceased’s assets, debts, mental capacity, or circumstances can emerge gradually

The increasing use of caveats suggests that people are becoming more informed and more confident about protecting their position while they seek advice.

Myth: “Disputing a will means going straight to court”

Entering a caveat is often a protective and proportionate first step, not an aggressive one.

It allows time for:

• Information gathering
• Legal advice
• Early discussion or negotiation

Many disputes are resolved without formal court proceedings, particularly where issues are identified early.

What you can do now

If you are:

• Concerned about the validity of a will
• Unsure whether an estate is being administered properly
• Worrying that delay may prejudice your position

Early advice matters. Even small, low‑cost procedural steps can make a significant difference if taken at the right time.

The rise in probate caveats does not mean every estate is heading for litigation — but it does show that challenging a will is no longer seen as unusual or taboo.

Understanding your options early can help avoid unnecessary escalation later.

If you have concerns about a will or the administration of an estate, our contentious probate team can help you understand your position and your options at an early stage. Please get in touch to arrange a confidential discussion.

[1]https://www.lawgazette.co.uk/news/more-people-paying-3-to-block-probate-applications/5126435.article

[2]https://www.lawgazette.co.uk/news/more-people-paying-3-to-block-probate-applications/5126435.article

Sarah Young – Director and Head of Litigation