Will Disputes Are on the Rise

Increase in Challenges to Wills and Probate

The number of people formally challenging Wills and delaying the probate process has risen, according to recent figures reported by the Law Gazette and data from the Ministry of Justice.

A caveat, which is a legal mechanism that prevents a grant of probate from being issued, can be entered for a fee of £3 and lasts for six months, with the option to extend. It is commonly used by individuals who intend to dispute a Will or raise concerns about how an estate is being administered.

Ministry of Justice Data shows Growth in Early‑stage Disputes

Data from the Ministry of Justice shows that 11,589 caveats were lodged in the 12 months to 31 July 2025, representing a 12% increase on the previous year. The figures indicate that more estates are becoming subject to dispute at an early stage.

Probate Delays and Increasing Caseloads

Separate statistics from HM Courts & Tribunals Service show that probate cases are also taking longer to resolve. The number of cases open for between six and 12 months has risen steadily since mid‑2025, while longer‑running cases have also increased. In February 2026, 2,315 cases had been open for between 12 and 24 months, with the total probate caseload standing at 42,151.

Why are more Wills being Contested?

Several factors are likely driving this trend. Rising property values mean estates are often worth significantly more, increasing the financial stakes and the likelihood of disputes. At the same time, more complex family arrangements – including second marriages, stepfamilies and informal relationships – can create uncertainty over who should benefit.

There is also greater awareness of the ability to challenge a Will. Disputes may arise over concerns about validity, allegations of undue influence, or disagreements about who should administer the estate.

How We Can Help with Will and Inheritance Disputes

Members of our team can assist if you find yourself in a situation where you are either considering contesting a Will or are involved in an inheritance dispute. We can also help with any Wills and probate queries more generally.

Please contact us if you would like more information about the issues raised in this article or any aspect of Wills and probate.

Learn More: Webinar on Will‑dispute Risks

If you would like a deeper understanding of why will disputes arise – and, crucially, how the risks can be reduced – we invite you to register for our upcoming webinar on Wednesday 13 May:

Will Dispute Risks and How to Reduce Them

The session is designed for those seeking practical insight into avoiding and managing inheritance disputes.

About the Author

Emily is a solicitor specialising in contentious probate. She qualified in September 2024 after completing her training at a top 100 UK law firm and joined Machins Solicitors in November 2025. Emily advises on a wide range of inheritance disputes, taking a pragmatic, client‑focused approach that balances legal strategy with proportionality and cost considerations.