Home / The rise of probate disputes
8th October 2025
Jasmine Harland, Solicitor
It has been well documented that contentious probate cases are on the rise and a Freedom of Information request reported in ‘Today’s Wills & Probate’ has revealed a sharp rise in inheritance disputes, with contentious probate cases up by as much as 56%. In 2024 alone, there were 11,362 applications to block probate, a big jump from 7,268 in 2019, with several key factors driving the increase:
By 2041, more than a quarter of people in the UK will be over the age of 65, and the number of those aged 85 and above is set to double compared to 2016.
Why this matters? – With people living longer, there are concerns relating to the rise in age-related mental health issues which will inevitably lead to more challenges around wills, particularly questions around whether someone had the mental capacity to make or sign one.
What can we do? – If you are concerned that a loved one’s will may have been affected by age-related mental health issues, our team can can assess the circumstances and where appropriate, pursue the appropriate legal challenges to ensure that the will in question reflects the genuine intent of the deceased and complies with the relevant legal standards.
People are living longer and in some cases, building up more wealth later in life which inherently means that an individuals Estate on their death is worth more.
Why this matters? – For those who feel they have been ‘left out’, there is a bigger incentive to bring a challenge. Older generations now hold a higher share of the country’s wealth, with those aged 60 to 64 sitting on nearly nine times more than those in their early thirties. With housing having become less affordable over the years, older generations now hold the bulk of property wealth. Whilst younger people are less likely to own their own homes, it has been found that around two-thirds of those aged 65 and older own their own property, thus substantially increasing the value of their Estate.
What can we do? – If you feel that you have not been treated fairly in a loved one’s will, taking into the account the value of the Estate, we can look into the details and where appropriate, explore legal options and devise an appropriate strategy which is specific to your case.
Looking at the figures over the years, data has shown that the number of people aged 60 and over are getting re-married.
Why this matters? – Complications into wills are on the rise in relation to second marriages and ‘blended’ family structures causing an increase in challenges. Often, a second spouse may contest a will after the first spouse has passed, trying to make sure their children from a previous relationship are looked after, rather than accepting and sharing everything in the deceased’s estate equally with the children of their late spouse from another relationship.
What can we do? – Every family situation is unique, and our team will take the time to understand the individual aspects of each case. If you are facing concerns, we can consider the individual facts of the case and family dynamic in question and provide advice and guidance, whether that be in relation to claims under the Inheritance Act, Executor Disputes, Challenging the Validity of a Will or look into rectification of a Will.
Concerns are high about the quality of wills being produced. It has become a common trend that many wills that have been prepared via the ‘DIY’ method fail to take into account complex family or financial situations, together with the wills themselves not being properly executed. Concerningly, according to the National Wills Report of 2024, 23% of those with a will chose to make one via ‘DIY’ kids, online services or other non-professional methods.
Data from the Ministry of Justice has shows a sharp rise in estates which have been left without a will in place, up by more than 50,000 in the last year. The number of intestate estates has also risen by 17%.
Why this matters? – This means that a deceased’s estate will be shared according to the legal default position, rather than following the wishes of the deceased, which in itself can result in an increase in risk that a challenge to the estate will follow by those who believed they would benefit, but do not.
What can we do? – If you are worried that a will doesn’t truly reflect your loved one’s wishes and/or has not been prepared and executed properly, we can review the details and offer clear and tailored advice on the best way forward, whether that means challenging the validity of the will, resolving disputes arising as a result of a ‘DIY’ will or exploring any potential claims under the Inheritance Act.