For years, probate practitioners have observed a steady increase in disputes over estates. What was once considered a relatively specialist area of legal practice has become an increasingly common feature of estate administration across England and Wales.
A Freedom of Information request submitted to HM Courts & Tribunals Service has revealed that applications to block probate reached record levels in 2024. According to data reported by Today’s Wills and Probate, there were 11,362 caveat applications in 2024, compared with 7,268 in 2019—a rise of 56% in just five years. The final quarter of 2024 also marked the first time on record that quarterly caveat applications exceeded 3,000.
The longer-term picture is equally striking. Compared with 2010, the earliest year available in the data, caveat applications have increased by 79%.
Rather than representing a temporary spike, these figures point to a deeper structural shift. A combination of demographic change, evolving family dynamics, economic pressures and estate planning shortcomings is creating fertile ground for inheritance disputes. As these trends continue into 2026, legal professionals and their clients should expect contentious probate to remain firmly on the rise.
An Ageing Population and Capacity Challenges
One of the most significant factors driving disputes is the UK's ageing population.
According to projections from the Office for National Statistics, more than a quarter of the UK population will be aged 65 or over by 2041, up from 18% in 2016. The number of people aged 85 and above is expected to double over the same period.
Where a will is prepared later in life, concerns about whether the testator fully understood their decisions can become central to any challenge. Disputes over testamentary capacity often require detailed evidence and can significantly delay estate administration.
Dan Brown, Divisional Director at LawSure Insurance, commented:
“The rise in capacity-related disputes is something we are seeing reflected not just in claims, but in the types of risks solicitors are seeking to mitigate earlier in the process. Where wills are made later in life, the evidential burden can become critical if a challenge arises.
From an insurance perspective, a well-documented file is one of the most effective protections against future disputes. The increase in caveats highlights the importance of treating every instruction as potentially contentious and managing that risk accordingly.”
Modern Families, More Complex Estates
Family structures have changed dramatically over recent decades, and inheritance disputes are increasingly reflecting that reality.
Second marriages, blended families, stepchildren, long-term cohabitees, and estranged relatives can all create competing expectations when an estate is distributed. Many of these relationships may not fit neatly within traditional assumptions about inheritance.
The number of remarriages among older adults has risen steadily, creating situations where children from previous relationships may find themselves in conflict with surviving spouses or stepfamily members. In other cases, informal promises made during a person's lifetime may clash with the provisions of a formal will.
As a result, claims under the Inheritance (Provision for Family and Dependants) Act 1975, disputes over alleged promises, and challenges to revised wills are becoming increasingly common. Caveats are often used as a strategic tool to pause probate proceedings while negotiations take place.
The Financial Stakes Have Never Been Higher
Rising property values and growing intergenerational wealth disparities have also transformed the economics of probate disputes.
Property remains the largest asset in many estates, and the value of those assets has increased substantially in recent years. At the same time, younger generations face higher housing costs and more limited opportunities to accumulate wealth than many of their parents and grandparents experienced.
For beneficiaries, inheritance is no longer viewed solely as a future entitlement. In many cases, it represents a potentially life-changing financial opportunity.
That reality inevitably affects decision-making. Individuals who may once have accepted the terms of a will be increasingly willing to challenge outcomes they perceive as unfair, particularly where substantial assets are involved.
Brown commented:
“What we are increasingly seeing is that disputes are being driven as much as by financial pressure as by legal merit. As estate values rise, so too does the willingness of disappointed beneficiaries to pursue a claim. From an insurance standpoint, this changes the risk profile significantly.
Even where a will is robust, the cost of defending a challenge can be substantial, which is why more solicitors and clients are exploring insurance solutions to manage that exposure proactively.”
The Continuing Risk of DIY Wills
Another contributor to the rise in probate disputes is the growing use of wills prepared without professional legal advice.
Online services and DIY will-writing options have made estate planning more accessible, but they have also increased the likelihood of errors. Ambiguous wording, improper execution, and a failure to account for complex family circumstances can all create opportunities for disputes after death.
At the same time, intestacy remains a significant issue. When someone dies without a valid will, family members are often left attempting to interpret what the deceased might have wanted, frequently leading to disagreement and conflict.
For legal practitioners, these cases can present substantial challenges, particularly where records are limited or key evidence is unavailable.
A New Risk Landscape for Probate Practice
The forces driving probate disputes show little sign of easing. Population ageing will continue, family arrangements will remain increasingly diverse, and economic pressures are unlikely to disappear in the short term.
For solicitors, this means that robust risk management is becoming just as important as technical legal expertise. Detailed attendance notes, thorough capacity assessments where appropriate, and clear communication throughout the estate planning process are essential safeguards.
Brown added:
“The growth in contentious probate is fundamentally reshaping the risk landscape for firms. It is no longer enough to focus solely on legal accuracy; firms also need to consider how disputes will be funded, managed, and resolved if they arise.
Insurance plays a key role in that process, whether by protecting the estate, the beneficiaries, or the solicitor’s position. As claims frequency increases, having the right risk transfer mechanisms in place is becoming an essential part of modern probate practice.”
