Rising Contentious Probate Disputes in the UK: Causes, Trends and 2027 Predictions

At its core, contentious probate refers to disputes over:

• Wills;
• The distribution of an estate; or
• The actions of those dealing with the administration of an estate.

Common dispute triggers include:

• Concerns that a testator did not have the required testamentary capacity to make the Will;
• Allegations of undue influence/coercion in regard to a Will;
• Errors relating to the execution of the Will; or
• A family member or dependant of the Deceased not being adequately provided for under the Will.

A Grant of Probate is a legal document issued by the Probate Registry that allows the executor of a Will to administer the estate. If a person dies without a Will, a Grant of Letters of Administration is required instead. 

If a person with a legitimate interest in an estate has concerns regarding the Will or the administration of the estate, they can lodge a caveat at the Probate Registry to temporarily block a Grant from being issued.

A caveat can be lodged online or via post for a fee of £3. It is valid for 6 months; however, it can be renewed if necessary.

A freedom of information request previously confirmed a 56% rise in caveat applications between 2019 and 2024.

More recent data suggests this increase has continued, with a further 12% rise in 2025 compared to 2024.

In total, 11,589 caveats were lodged in 2025, up from 10,313 the previous year, indicating that the upward trend is ongoing rather than stabilising.

The final quarter of 2024 alone saw 3,061 caveats lodged at the Probate Registry, marking the first time a single quarter has exceeded 3,000 applications. This sustained growth raises a critical question: why now, and where is this heading by 2027?

Why are the number of disputes increasing?

Intestate estates

There is an apparent increase in intestate estates. In 2024, over 51,000 people died without a Will. Concerningly, this is only set to increase with the number of people dying without a Will increasing by 17% year on year. Data shows that 53% of those aged 50-64 do not have a Will.

Poor or absent estate planning is likely to be a major factor contributing to the rise in disputes, leading to more families becoming embroiled in disputes that are not only costly and time-consuming, but also emotionally draining.

Demographic shifts

We have an aging population in the UK. By 2041, it is projected that over-65s will make up 26% of the UK population.

An aging population has led to growing concerns about the  mental capacity of testators when preparing their Will. As a result, there has been an increase in challenges to the validity of Wills on the basis that the deceased lacked the required capacity at the time the Will was executed.

Changing family structures

Modern family structures continue to evolve, with blended families, remarriages, and estrangements becoming increasingly common. Such dynamics are a significant factor in the growing number of probate disputes.

While today’s family arrangements are often more complex, many Wills fail to reflect these complexities, often leading to confusion, unmet expectations, and legal challenges after death.

Wealth & property growth

The rise in wealth and property values has increased the stakes, often prompting individuals to challenge a Will in the hope of securing a larger share of the estate.

Greater awareness of inheritance rights

Contentious probate cases often catch the media’s attention, such as the case of Neate v Heselden, in which our Eleanor Clarke acted for the successful defendant.

A greater awareness of inheritance rights and potential legal action has led to more individuals willing to challenge estates, particularly when they feel they have been unfairly treated or excluded.

Probate disputes can be costly and time-consuming, often draining estate funds and delaying the administration process. 

Executors involved in these disputes face increased pressure and potential personal liability, which can complicate their role in managing and distributing the estate.

Beyond the financial and logistical challenges, probate disputes also cause significant emotional distress to families and, sadly, can lead to strained or even broken relationships.

It is essential to obtain legal advice in the early stages of any potential dispute.

Executors should seek guidance promptly to ensure they are fulfilling their duties correctly and minimise risk.

If a dispute arises, it is important to consider alternative dispute resolution (“ADR”), such as mediation. ADR is often a more efficient and amicable way to resolve disputes compared to court proceedings.

Overall, families can reduce the likelihood of conflict through thorough careful estate planning, which includes organising professionally drafted Wills and trusts which can effectively address any potential disputes before they arise.

Looking ahead to 2027, there is the potential for over 14,500 caveat applications per year if the current trajectory continues, meaning the number of probate disputes will continue to increase. As the UK demographic continues to shift, particularly with increased numbers in the 70-79 age group, it is probable that there will be an increase in disputes over elderly people’s Wills.

With the rise in AI technology, we can expect to see AI being utilised in gathering and/or assessing evidence in probate disputes, including the potential for AI handwriting experts and digital forensics.

Estates are also becoming more complex with digital assets such as cryptocurrency, NFTs, and digital accounts creating new grounds for dispute.

The Courts are actively encouraging parties to use mediation to resolve disputes, so it is likely that mediation will become increasingly common in these types of disputes.

The sharp rise in contentious probate disputes, driven by a 56% increase in caveat applications between 2019 and 2024, followed by a further rise in 2025, is not a short-term anomaly but instead reflects enduring shifts in society, wealth, and family life.

Proactive estate planning is crucial. If you have concerns regarding a Will or an estate, or find yourself facing a potential dispute, obtaining early legal advice is essential to minimise the risk and cost involved.

The specialist Contentious Probate team at Myerson works with clients to safeguard estates, resolve disputes efficiently, and protect legacies for future generations.

If you are facing a probate dispute or want to safeguard your estate from future challenges, our specialist contentious probate team can help. Contact Myerson today for clear, strategic advice.