What Stops Probate Being Granted?
- Probate & Estate Support Hub
- Jan 28
- 5 min read
Updated: Mar 18
Introduction
If you’re waiting for probate and it feels like nothing is happening, you’re not alone. One of the most common questions I hear is some version of: “Why is probate taking so long?” or “What’s gone wrong with our application?”
Probate can be emotionally draining as well as practically demanding. You’re often dealing with grief, family expectations, and unfamiliar paperwork all at once.
I don’t offer legal advice, but I can help you understand what typically causes probate to be delayed or stopped, and what those issues usually mean in real life. In this article, I’ll walk you through the most common reasons probate isn’t granted — based on patterns I’ve seen after years working in probate and speaking with thousands of families.
For more broad information about applying for probate visit our dedicated Applying for Probate page.
At a Glance
Probate is rarely “refused”, but it is often paused or delayed
Most problems come down to paperwork issues, uncertainty, or missing information
Wills, inheritance tax forms, and executor details are common sticking points
Delays don’t automatically mean you’ve done something wrong
Some situations are simple to resolve; others signal genuine complexity
In This Guide
What “stopping probate” actually means in practice
Problems with the will that can delay probate
Inheritance tax issues that cause applications to stall
Executor and applicant-related problems
Disputes, objections, and caveats
Common misunderstandings I see again and again
When probate becomes more complex — and support may help
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What Does It Really Mean When Probate Is “Stopped”?
One important thing to clear up early: probate is very rarely rejected outright. In most cases, it’s paused, delayed, or returned with queries.
From the Probate Registry’s point of view, they’re checking that:
the correct person is applying
the will (if there is one) is valid on the face of it
the paperwork is complete and internally consistent
inheritance tax reporting looks correct
If something doesn’t add up, they don’t make assumptions — they stop and ask.
That pause can feel alarming, especially if you’re already under pressure to sell a property or access money. But in practice, it’s often about clarification rather than wrongdoing.
Problems With the Will
Issues with the will are one of the most common causes of delay.
This doesn’t mean the will is automatically invalid — just that something needs checking.
Examples I see regularly include:
A copy of the will has been submitted, not the original
The will had multiple pages and was not fastened together
There is an indication that a fastening had a some point been removed from the will
The signature causes some doubt
Names don’t match (for example, different spellings)
Inheritance Tax Issues
Inheritance tax (IHT) is another major reason probate applications stall.
This isn’t just about whether tax is due. Even estates that don’t owe any tax can be delayed if the reporting isn’t clear.
Common triggers include:
Property valuations that seem inconsistent or unsupported
Confusion over whether the estate is “excepted” or not
Forms that don’t align with the will or asset values
What makes this stressful is that many people assume IHT is a simple yes/no question. In reality, it’s about evidence, consistency, and explanation.
Executor and Applicant Problems
Sometimes probate is delayed because of the people involved, rather than the estate itself.
I’ve seen delays caused by:
Executors not realising they need to apply jointly
An executor starting the process and then disengaging
Disagreement between executors about how to proceed
From the outside, the Probate Registry just sees uncertainty about who is properly acting.
Until that’s resolved, everything pauses.
Disputes, Objections, and Caveats
If someone enters a caveat, probate cannot be granted until it’s dealt with.
Caveats are often used when:
Someone believes the will is invalid
There are concerns about undue influence
A family member feels unfairly treated and wants time to consider options
What’s important to understand is that a caveat doesn’t mean a full dispute is inevitable. In many cases, it’s a holding position while people seek advice or cool down emotionally.
But while a caveat is in place, probate stops.
Common Misunderstandings I See
“Probate has been refused”
In reality, it’s usually just delayed pending clarification.
“The Probate Registry is being difficult”
They’re risk-checking, not judging. Their role is to prevent mistakes that can’t be undone later.
“We must have done something wrong”
Often, it’s about missing context rather than an error.
“Solicitors would avoid all delays”
Professionals reduce risk, but even solicitor-led applications can be paused if something is unclear.
Why This Causes So Much Stress
What makes probate delays so hard isn’t just the wait — it’s the uncertainty.
People are often:
paying ongoing property costs
dealing with family pressure
emotionally exhausted
worried they’ve misunderstood something critical
Because probate is usually unfamiliar territory, even small setbacks can feel overwhelming. I see this emotional load every day in my support community.
When Probate Becomes More Complex
Some estates are genuinely more complicated, and delays are a signal rather than a failure.
Complexity tends to increase where there is:
property involved
significant lifetime gifting
blended families (and no will)
overseas assets or executors
disagreement or mistrust between beneficiaries
In these situations, getting structured guidance early can prevent months of drift and stress.
For those going through probate alone, our in-depth guides Probate, Done Properly and Executor Mistakes and Risks are designed to walk you through the process, and help you be aware of, and avoid, common risks and mistakes.
FAQs
Can probate be refused completely?
It’s extremely rare. Most issues lead to delays or requests for clarification rather than outright refusal.
Does a delay mean inheritance tax is wrong?
Not necessarily. Many delays happen even when no tax is due, simply because the reporting needs clarification.
How long can probate be delayed?
It varies. Some issues are resolved in weeks; others take months, especially if disputes or caveats are involved.
Can I still sort things out if probate is delayed?
Often yes. Many problems are fixable once you understand what’s holding things up.
Should I panic if the Probate Registry contacts me?
No. It usually means they need more information, not that something has gone wrong.
Further Reading & Useful Links
Article: Applying for Probate
Article: How Long Does Probate Take?
Guide: Complete Executor Bundle (which includes 'Probate, Done Properly' and 'Executor Mistakes and Risks' guides.
If you’re at the start of the process or things feel like they’re drifting, I also offer probate clarity calls. They’re not legal advice — just a way to talk things through with someone who understands how this works in practice.
If you’re dealing with this right now, be kind to yourself. Probate delays are frustrating, but they’re also common — and most can be worked through once you understand what’s really happening.
James Long
Founder, Probate & Estate Support Hub