Inheritance disputes on the rise

New research from Birketts LLP indicates a significant surge in contentious probate activity over the past 15 years, with 11,328 caveats filed in 2025 alone. This statistic showcases the heightened challenges many families are facing when it comes to inheritance claims and the complexities of Wills. Birketts’ private wealth disputes team undertook a Freedom of Information request to the Probate Registry, obtaining data that confirms the steady rise in caveat applications since 2010. A caveat is often the initial step in challenging a Will, serving to pause executors from securing probate until any concerns regarding the validity or administration of the estate are adequately addressed.

Legal professionals have long perceived an increase in Will disputes, largely attributed to more intricate family dynamics, an ageing demographic, and a growing number of inadequately drafted Wills. Birketts’ research aligns with these observations, although there was a slight decline in the number of claims this year. The firm has noted an uptick in clients seeking guidance on Will validity and estate matters, leading to the expansion of its private wealth disputes team, which has more than doubled in size over the last five years to accommodate the rising demand.

The data reveals a clear upward trend, with an average year-on-year growth in caveats since 2010 of 4.59%. The past five years alone have seen a significant increase, averaging 6.20%. Notably, 2023 marked the first year to surpass 10,000 caveats, while 2024 set a record with 11,362 caveats logged.

When analysing the driving factors behind this increase, Barny Croft, Partner in Birketts’ private wealth disputes team, remarked that “The generational wealth gap is certainly playing a part in the rise in Will disputes, but there are many factors at play: an ageing population, increased life expectancy, more people living with dementia, complex family structures, high value assets, badly drafted Wills, and an increasing number of bad lawyers encouraging people to pursue lousy cases, are just some of them.”

Among the several contributing elements identified, an ageing population emerges as a key factor. With nearly 19% of the UK population now over the age of 65, there are significant implications for testamentary capacity and vulnerability. The growing incidence of dementia, closely linked to age, has led to more challenges surrounding Wills on the grounds of insufficient mental capacity or undue influence.

Moreover, the rise of predatory marriages and intricate family situations has intensified these disputes. As people increasingly engage in second or third marriages in later life, tensions arise between children from previous unions and new spouses. In serious situations, predatory marriages, where younger individuals exploit vulnerable testators, have urged greater scrutiny regarding the circumstances under which Wills are executed.

Additionally, the Covid-19 lockdown has left an indelible mark on this landscape, resulting in a 36.57% spike in caveats between 2019 and 2021. The inability to meet solicitors in person prompted a rise in homemade Wills and those drafted without thorough evaluations of capacity or undue influence. Birketts’ recent case, Leonard v Leonard [2024] EWHC 321, accentuates the difficulties stemming from such Wills.

Looking ahead, Birketts predicts that the upswing in contentious probate claims is set to persist, driven by ongoing demographic shifts and the lasting consequences of hurried Will preparation during the pandemic