Caroline Foulger examines the growing complexity of probate challenges in eprivateclient
Caroline’s comments were published in eprivateclient, 15 September 2025, and can be seen here.
Caroline Foulger, Partner in our Private Client department, explores the increasing number of Will disputes and caveats being lodged with the Probate Registry.
Caroline highlights that nearly 5% of Wills proved in early 2025 were subject to caveats many submitted without legal advice and often driven by dissatisfaction with inheritance or executors, rather than valid legal grounds. This rise reflects a growing trend of contested estates, which can significantly delay and complicate the probate process.
She attributes this increase to a range of social and economic factors, including the widening wealth gap between generations, rising care costs, and inheritance tax (IHT) pressures. These issues often leave beneficiaries disappointed with their inheritance, prompting challenges. Additionally, evolving family dynamics such as blended families, larger age gaps between spouses, and adult children returning home have added complexity to estate planning and distribution.
Caroline also notes that vulnerable individuals may be pressured into changing their Wills, raising concerns about undue influence and mental capacity. As a result, legal professionals must take extra care when drafting Wills, ensuring thorough documentation and clear records of client intentions. Technology, including AI, may assist in streamlining this process while maintaining accuracy and cost-efficiency.
Finally, Caroline advises personal representatives to delay asset distribution for at least six months after probate is granted, ideally 10, to allow time for any claims to emerge. She emphasises that proactive planning, transparency, and careful record-keeping are essential to managing the growing complexity of probate and protecting the wishes of the deceased.
Read the full article on the eprivatecilent website [external link].