Applications to block probate rise to all-time high

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Probate: 38% of people would contest unfair inheritance

The final quarter of 2024 saw an all-time high in quarterly applications to block probate in England and Wales, research has found.

There were 3,061 applications to enter a caveat with the Probate Registry – the first time there have been over 3,000 applications in a single quarter, according to national law firm Taylor Rose.

It said this upward trend was likely to continue, driven by a mix of societal and demographic factors, including longer life expectancy, an increase in mental capacity issues, higher cost of living resulting in people relying on inheritance for their pension provision, more remarriages in later life and the consequences of poorly drafted DIY wills.

The data, obtained under the Freedom of Information Act from HM Courts & Tribunals Service, showed there were 11,362 applications for caveats in 2024, compared to just 7,268 applications in 2019 and 6,358 in 2010, the earliest year for which the figures were available.

With the Probate Registry also recording 2,879 applications in Q3 2024, it has seen the highest ever number of applications in the last two consecutive quarters of available data.

In a separate development, nearly four in ten (38%) people say they would dispute a will and potentially go to court if they thought the inheritance they had received was unfair or not what they’d expected, according to a survey.

The poll of 2,000 members of the public found that 8% would do so even if they thought they might not win.

Level, which funds probate and divorce disputes, said that 54% of those surveyed expected to inherit money from a loved one in the next 20 years, with a third acknowledging that they were financially depending on this to some extent.

Its UK Inheritance Expectations Report 2025 said that those aged 25-34 were the most likely generation to dispute a will – 60% said they would do – while men were more likely to say they would do this than women (44% v 34%).

Of those who said they would dispute an inheritance, 7% have already done so.

Level also obtained data from the Ministry of Justice showing how the number of probate disputes has increased 37% in the past decade – and 22% in the last five years – from 7,574 in 2014 to 10,409 in 2023, while the trend for 2024 was even higher.