In 2025, over 11,500 probate caveats were filed, a 12% rise from the previous year, as families battle wills that leave the family home to a new partner. The surge, revealed by Ministry of Justice data accessed by TWM Solicitors, signals growing tension over inheritance in an era of soaring property prices and shifting family dynamics.

11,500 probate caveats filed in 2025, up 12% from 2024

The Ministry of Justice data shows applications for probate caveats rose from 10,313 to 11,589 last year. A probate caveat can block the grant of probate for six months while a will’s validity or the handling of an estate is investigated. According to the report,this increase mirrors a broader trend of families contesting wills amid higher property values and more complex relationships.

New Government proposals could give 3.5m cohabiting couples automatic inheritance rights

Under upcoming legislation,more than 3.5 million cohabiting coulpes could gain automatic inheritance rights if one partner dies intestate.. The government says the rights are "distinct and different" from those of married people to "preserve the sanctity of marriage". This change could further complicate disputes where a family home is left to a new partner.

Inheritance (Provision for Family and Dependants) Act 1975: a common route to challenge a will

Adult children can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe the will does not make "reasonable financial provision" for them. The court will consider financial needs, the estate’s size, the relationship with the deceased, and any obligations the father had... As the source notes, sentimental value alone is usually insufficient to succeed.

Key questions that remain unanswered

Who exactly will benefit from the new cohabiting‑couple inheritance rules? How will courts weigh a child’s financial dependence versus sentimental attachment when deciding a claim? And what evidence is required to prove undue influence or lack of mental capacity at the time the will was made?

As the report says, timing is crucial: the court looks at circumstances at the time the will was made, not when the dispute arises. Families must seek specialised legal advice to assess the strength of their claim.