Will disputes have been on the rise in recent years. In the 12 months to July 2025, there were 11,589 probate caveat applications in England and Wales, a 12% rise compared to the previous year. Applications to block probate entirely hit 11,362 in 2024, up a staggering 56% from 2019.
Behind every one of those cases is a family dealing with grief, disagreement, and in many instances, a legal process that can run well into six figures in costs. If you are caught up in a dispute over a loved one’s estate or worried that one might be on the horizon, it helps to understand what’s actually going on.
Why are Will disputes increasing?
There is no single cause, but a few factors have combined to make Will disputes far more common than they were even five years ago.
Family structures have changed
Blended families, including step-parents, half-siblings, and children from previous relationships, are now the norm rather than the exception. Where family arrangements are more complicated, so too are the potential consequences of a Will that hasn’t kept pace. An out-of-date Will written before a second marriage, or before the arrival of grandchildren, can easily leave people with very different expectations of what they are entitled to.
Estates are worth more
As the baby boomer generation passes away, the properties and assets they leave behind are often significantly more valuable than in previous decades. When there is more money at stake, people are understandably more likely to question what has been left to whom, and why. As one solicitor put it in a recent Law Society Gazette feature: “If it’s £400k, it’s worth arguing about.”
The population is ageing
The Office for National Statistics predicts that more than a quarter of the UK population Will be over 65 by 2041. An ageing population brings with it a higher incidence of conditions such as dementia, a record 500,677 patients were diagnosed as of May 2025, according to the NHS. Questions about whether someone had the mental capacity to make a valid Will are increasingly central to contested probate cases.
What is a probate caveat?
A caveat is a formal notice that anyone can file with the Probate Registry for a fee of just £3. It stops a grant of probate being issued on an estate for six months, and can be extended for a further six months. It is often the first step taken by someone who wants to challenge a Will or raise concerns about how an estate is being administered.
Filing a caveat is straightforward. Resolving what comes next is not. If you receive notice that a caveat has been lodged against an estate you are involved with, or if you are thinking about lodging one yourself, taking early legal advice is important.
Common reasons a Will is challenged
There are several grounds on which a Will can be contested. The most common include:
- Lack of testamentary capacity
The person who made the Will did not have the mental capacity to do so at the time it was signed. The legal test for this has remained largely unchanged since 1870, though proposed reforms to the law may change that in the years ahead. - Undue influence
Someone pressured or manipulated the person into making a Will that does not reflect their true wishes. This is notoriously difficult to prove under current law, though again, reforms are in discussion. - Lack of knowledge and approval
The person signed the Will without fully understanding or approving its contents. - Fraudulent or forged Wills
A Will has been altered or created dishonestly. - Failure to comply with formalities
A Will that was not properly signed or witnessed in line with the legal requirements.
What can you do about it?
If you are concerned that something is not right about a loved one’s Will, or about the way an estate is being handled, the most important thing is to get proper advice as early as possible. Contested probate cases can become expensive and emotionally draining, particularly if they reach the courts. Early advice helps you understand your options and, in many cases, helps to resolve things without the matter ever needing to go that far.
There are also steps you can take to reduce the risk of your own Will being disputed after your death. Keeping your Will up to date, having your capacity properly assessed when the Will is prepared, and making sure any significant changes to your estate are clearly documented all make a real difference.
At Slater Heelis, our contentious probate solicitors deal with Will and estate disputes of all kinds, from complex, high-value cases to straightforward family disagreements that need careful handling. We Will give you a clear, honest picture of where you stand and what your options are.
Get In Touch
John Gorner is a Consultant Solicitor and Head of our Contentious Probate team. He specialises in contentious probate and trusts, residential property disputes, contentious Court of Protection, community care law (including safeguarding), public law/regulatory matters.
If you would like to speak with John or another member of our Contentious Probate team about the above topic, or any other related investigation, please call 0330 111 3131 or fill out our online contact form.
