York A perfect storm of social, demographic, and economic factors has led to a significant increase in contentious probate claims in recent years. These challenges to wills or the administration of estates, are no longer confined to high-net-worth individuals but are becoming a common feature of modern family life.
The surge is evidenced by a 56% increase in applications to block probate between 2019 and 2024 (according to HM Courts & Tribunals Service data obtained under a Freedom of Information request), confirming a growing trend that shows no signs of slowing.
Anthony Reed, Contentious Probate Solicitor at Ware & Kay Solicitors outlines why inheritance disputes are increasing and explains how a solicitor can help minimise the risk of such conflicts arising.
Family structures
A powerful driver behind the rise in probate disputes is the evolving structure of modern families. The increase in second marriages, blended families, and cohabiting partners creates complex family trees that are not easily addressed by traditional wills.
A Will can become outdated following major life changes, such as remarriage or estrangement. When a testator dies, their second spouse may be at odds with children from a previous relationship, especially when expectations clash over how the estate should be divided.
Furthermore, because cohabiting partners are not automatically recognised under intestacy rules, they can find themselves without any provision, which often triggers a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Ageing population
The UK’s ageing population is another factor fuelling the increase in contentious probate. As people live longer, there is a higher prevalence of conditions that affect cognitive function, such as dementia. This raises concerns about the mental or ‘testamentary’ capacity of the deceased at the time their Will was created, particularly if it was made late in life.
Claims of ‘undue influence’ also become more common, as family members or caregivers may be suspected of manipulating a vulnerable person to change their will in their favour. These issues are often exacerbated by the fact that many older testators have children who are more financially dependent on an inheritance than previous generations.
Rising value of estates
The growing value of estates, particularly fuelled by rising property prices, also increases the incentive to challenge a Will. With home ownership becoming less attainable for younger generations, an inheritance is no longer viewed as a bonus but as a crucial step towards financial stability.
The sheer size of many estates now makes the financial risks and costs of litigation seem more worthwhile. This creates a high-stakes environment where a perceived injustice can spiral into a costly and emotionally draining legal battle.
DIY wills
The widespread adoption of DIY Wills, accelerated by the pandemic, has further contributed to the problem. While seemingly convenient, DIY wills often lack the precision and legal robustness of those drafted by a professional. These documents are susceptible to ambiguous wording, missing elements, and improper witnessing, which provide fertile ground for challenges related to a Will’s validity.
Public awareness
Increased public awareness of contentious probate has encouraged more people to seek legal recourse when they feel they have been unfairly treated. High-profile inheritance disputes portrayed in the media and popular TV dramas, have lifted the lid on a previously niche area of law, informing disappointed beneficiaries that they may have a valid claim.
This, combined with the normalisation of alternative dispute resolution methods like mediation, has made the process of challenging a Will more accessible and less intimidating for the average person.
How we as your Solicitor can help
We can help minimise the risk of inheritance disputes by meticulously documenting the Will-drafting process and the testator’s intentions, especially when a would-be beneficiary is disinherited or an unequal distribution is made.
Where there are concerns about undue influence, our Solicitor will meet the client alone to ensure the Will reflects their true wishes. In complex cases or for vulnerable clients, they can obtain a medical professional’s opinion on the testator’s capacity to further safeguard the Will.
They will then ensure the Will is drafted with clear and unambiguous clauses to prevent misinterpretation, and is executed correctly with independent witnesses; they can also prepare a ‘letter of wishes’ to explain any unusual decisions, such as a beneficiary’s exclusion, to deter a future challenge.
For more information please contact our Contentious Probate Team on York 01904 71700, Wetherby,01937 583210 or Malton 01653 692247 or email law@warekay.co.uk.
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