For many families, inheritance is no longer simply a matter of reading a will and distributing assets. Across England and Wales, probate disputes are becoming more common, more complex and, perhaps most significantly, more emotionally charged. Practitioners are reporting increases in challenges to wills, claims by disappointed beneficiaries, disputes involving executors and conflicts arising from modern family structures. At the same time, official probate data shows a sharp rise in caveats, the first step often taken when someone intends to challenge a will.
This trend is being driven by what has become known as the “Great Wealth Transfer”, a generational shift that will see trillions of pounds pass between generations over the coming decades. As more wealth is transferred, more people have something worth fighting over.
Why are probate disputes increasing?
There is no single reason behind the rise in contentious probate claims. Instead, several social and economic factors are combining to create fertile ground for disputes.
Recent industry research suggests that practitioners are seeing increasing numbers of claims involving blended families, disputes relating to mental capacity and challenges arising from poorly drafted wills. Modern family arrangements are now one of the most significant risk factors for inheritance disputes.
At the same time, Freedom of Information data obtained from the Probate Registry shows that caveat applications continue to rise. More than 11,000 caveats were entered during 2025, reflecting a long-term upward trend in contested estates.
The reality is simple: where there is more wealth, more property and more competing expectations, there is likely to be more litigation.
The second marriage dilemma
One of the most common sources of conflict arises in second marriage families.
Consider a familiar scenario. A widower remarries later in life. He wishes to provide for his new spouse while also protecting assets for children from his first marriage. Despite the best intentions, these arrangements can create competing interests that only come to light after death.
The surviving spouse may feel entitled to greater provision from the estate. Adult children may believe family assets should remain within their side of the family. Tensions that may have existed for years can quickly escalate into legal proceedings. Practitioners consistently identify blended families as one of the leading causes of inheritance disputes.
As family structures become increasingly complex, careful estate planning is more important than ever. Unfortunately, many wills were drafted at a time when family circumstances were very different.
“Challenge-proof” wills rarely exist
Many people believe that a carefully drafted will guarantees that their wishes will be followed.
That is not always the case.
This year marks the 50th anniversary of the Inheritance (Provision for Family and Dependants) Act 1975, legislation which allows certain categories of claimant, including spouses, cohabitants, children and dependants, to ask the court for financial provision from an estate. Even where a will is valid and professionally drafted, the court retains broad powers to intervene where it considers reasonable financial provision has not been made.
As a result, there is no guaranteed way to make a will immune from challenge. Letters of wishes, medical capacity reports and detailed explanations for excluding relatives may assist, but they do not prevent a claim from being brought.
This is often surprising to clients who assume that testamentary freedom gives them complete control over their estate.
The growing impact of dementia and capacity disputes
An ageing population is also contributing to the increase in contentious probate cases.
With people living longer than previous generations, issues surrounding testamentary capacity are becoming increasingly common. Families are more willing than ever to question whether a loved one fully understood the nature and effect of a will when it was signed. Allegations of undue influence are also becoming more frequent, particularly where an elderly person was heavily dependent on a family member, friend or carer.
Capacity disputes can be especially distressing because they often require the court to examine a person’s final years in detail, including medical records, family relationships and personal decision-making.
For many families, the litigation is about more than money. It is about whether a loved one’s true wishes were respected.
Executors increasingly in the firing line
Not all probate disputes concern the validity of a will.
Increasingly, disputes arise because beneficiaries are dissatisfied with the way an estate is being administered. Delays, poor communication, perceived favouritism and concerns about financial management can all lead to claims against executors.
Recent commentary from practitioners suggests that enquiries concerning executor conduct are increasing, with beneficiaries becoming more willing to challenge decisions and executors increasingly seeking legal advice to protect themselves.
Many executors underestimate the extent of their legal duties. Even well-intentioned individuals can find themselves facing serious allegations if they fail to communicate effectively or keep proper records.
New risks in the digital age
The rise of digital assets presents another emerging challenge.
Online businesses, cryptocurrency holdings, social media accounts and digital content can create significant complications during estate administration. Recent industry commentary has highlighted growing concerns about how these assets should be identified, valued and distributed following death.
As digital wealth becomes increasingly valuable, disputes concerning access, ownership and succession are likely to become more common.
What can families do to reduce the risk of litigation?
While no solicitor can guarantee that an estate will never be challenged, there are practical steps that significantly reduce the likelihood of a dispute:
- Review wills regularly, particularly following marriage, divorce or the birth of children.
- Take specialist advice when dealing with blended family arrangements.
- Obtain contemporaneous medical evidence where capacity may later be questioned.
- Keep clear records explaining significant estate planning decisions.
- Consider carefully the consequences of disinheriting close family members.
- Ensure executors understand their duties and maintain open communication with beneficiaries.
- Address digital assets as part of the wider estate planning process.
Looking ahead
The statistics suggest that contentious probate is unlikely to slow down anytime soon. Record numbers of caveats, an ageing population, increasingly complex family relationships and the continuing growth in personal wealth are all contributing to a rise in inheritance disputes.
For many families, probate litigation is no longer something that happens only to the very wealthy. Ordinary families with a house, modest savings and a complex family history can find themselves facing expensive and emotionally draining disputes.
The lesson is clear: effective estate planning is no longer just about deciding who inherits. It is about reducing the risk of the family conflict that can so easily follow after death.
If you are concerned about the validity of a will, the conduct of an executor or a potential claim against an estate, specialist legal advice should be obtained as early as possible. Early intervention will often prevent a disagreement from becoming a full-scale court dispute.