The number of contentious probate cases in the UK is rising at an unprecedented rate, with new figures showing that more families are challenging wills and inheritance decisions than ever before. A Freedom of Information (FoI) request has revealed a 56% increase in applications to block probate over the past five years, confirming a trend that legal professionals have observed for some time.
Sharp Increase in Probate Challenges
HM Courts & Tribunals Service data shows that in 2024 there were 11,362 applications to enter a caveat – a formal way to challenge probate – compared to 7,268 in 2019 and 6,358 in 2010. This represents a 56% rise over five years and a 79% increase over 14 years. Notably, Q4 2024 alone saw 3,061 caveat applications, marking the first time a single quarter exceeded 3,000.
Experts report a significant rise in inheritance disputes over the past two years, and they expect this trend to continue as several underlying factors intensify.
An Ageing Population Brings More Challenges
The UK’s ageing population is a key driver of contested wills. According to the Office for National Statistics (ONS), by 2041, more than 26% of the population will be aged 65 or older, up from 18% in 2016. The number of people aged 85+ is projected to double over the same period.
Older age brings increased risk of mental capacity issues, which can be a major factor in contested wills. NHS Primary Care data shows that over 500,000 patients had a recorded dementia diagnosis in May 2025, up 9% in just two years. When questions arise about a person’s mental capacity at the time a will was signed, families often dispute the validity of the estate, adding emotional and legal stress.
Greater Wealth Among Older Generations
Another factor driving disputes is the growing wealth of older generations. Baby boomers hold the majority of UK wealth, particularly in property, with the 60–64 age group owning nearly nine times the wealth of 30–34-year-olds.
Housing affordability has worsened over decades, leaving younger generations less likely to own property. This makes inheritance a critical financial resource and heightens tensions when disputes arise. Rightmove recently reported that the number of UK homes priced over £1 million has doubled since the pandemic, further increasing the stakes in contested estates.
Complex Families and Second Marriages
Family dynamics have also shifted. Remarriage among those aged 60+ is rising sharply. In 2022, 11,612 men aged 60+ remarried, a 49% increase over ten years, while women in the same age group saw a 74% increase.
Blended families make wills more complex. Second marriages can lead to disputes when estates are divided between children from previous relationships and new spouses, increasing the likelihood of contested probate.
The Risks of DIY Wills
DIY and online wills are increasingly popular, but they carry risks. The National Wills Report 2024 found that 23% of people used DIY kits, online services, or non-professional methods to create their wills. Improperly drafted or executed wills are a common source of legal challenges, especially in complex family or financial situations.
Compounding this, the Ministry of Justice reports that the number of intestate estates – where someone dies without a valid will – rose 17% to 51,140 in the past year, a five-year high.
Record Levels of Probate Challenges
The Probate Registry recorded 2,879 caveat applications in Q3 2024 alone, and 5,940 applications in the second half of 2024, a 74% increase compared to the same period in 2019.
Disagreements over inheritance are often deeply emotional and stressful, and they are happening more frequently. Many people rely on inheritance as a crucial financial resource, especially those who have struggled to get on the property ladder. At the same time, more complex family arrangements and mental capacity concerns are driving an increase in challenges to wills.
What Families Can Do
With contentious probate cases on the rise, professional estate planning is more important than ever. Properly drafted and regularly updated wills can help prevent disputes. Open family discussions about inheritance can also reduce misunderstandings and conflicts, protecting both wealth and family relationships.
Disputes over inheritance are not just legal issues – they are emotional ones that can strain families for years. As estates grow larger and family situations become more complex, taking proactive steps now can save significant stress, time, and money in the future.
If you need guidance on creating or updating your estate plans, or if you are concerned about potential probate disputes, Clarke & Wright can provide expert advice and support every step of the way. Contact us by email at info@clarkewright.co.uk, call 01743 387210, or fill out our online contact form to get started.