Inheritance disputes are becoming increasingly common in England and Wales, with the number of probate caveats reaching record highs in recent years. As property values rise and family structures become more complex, more individuals are challenging wills or questioning the actions of executors. Understanding what a probate caveat is—and how to prevent disputes—has never been more important.
What Is a Probate Caveat?
A probate caveat is a formal notice entered at the Probate Registry that temporarily prevents a grant of probate being issued. Essentially, it gives the person lodging it a chance to contest a will or delay proceedings if they believe there are valid concerns about the estate. Caveats can be lodged for a range of reasons, including:
Questions about the validity of a will
Allegations of undue influence or coercion
Concerns over the testator’s mental capacity
Disagreements with the appointed executor
Once a caveat is in place, no grant of probate can be issued without notifying the person who lodged it, giving them the opportunity to take further legal action.
Why Are Inheritance Disputes Increasing?
Several factors are driving the rise in inheritance disputes:
Complex family arrangements: Blended families, stepchildren, and second marriages can all increase the potential for conflict.
Rising property and asset values: Higher stakes make disputes more likely, particularly in cases involving substantial property or financial assets.
Mental capacity and care issues: With more elderly individuals in care, questions about capacity or undue influence can arise.
DIY wills and online templates: While convenient, these can lead to errors, ambiguities, or omissions that spark disputes.
How to Protect Your Estate and Avoid Conflict
There are practical steps that anyone making a will can take to reduce the risk of disputes:
Professional drafting: Ensure your will is drafted or reviewed by a qualified solicitor.
Regular updates: Review your will after major life events, such as marriage, divorce, the birth of a child, or acquisition of significant assets.
Letters of wishes: While not legally binding, these can provide context and clarity to your executors and beneficiaries.
Choosing the right executor: Consider appointing an independent professional executor or co-executor to reduce potential conflicts.
Open communication: Where appropriate, discuss your intentions with family members to manage expectations.
Conclusion
The rise in inheritance disputes highlights the importance of careful estate planning. Taking proactive steps—professional wills, regular updates, clear instructions, and the right executor—can help ensure that your wishes are carried out and reduce the risk of conflict for your loved ones.
Inheritance disputes can be stressful and costly, but with careful planning and early advice, most can be avoided, helping families navigate difficult times with confidence and clarity.
