Five Reasons Inheritance Disputes Are Rising In England and Wales

Inheritance disputes are becoming increasingly common in England and Wales. High Court probate claims reached a record 1,217 cases in 2025, with applications to stop probate while concerns are investigated also remaining at historically high levels.

Rising property values, blended families and an ageing population mean that more estates are being challenged than ever before. Recent reports indicate that probate disputes and caveat applications continue to increase as families seek to protect their interests following the death of a loved one.

So, why are more families challenging wills?

  1. Estates Are Worth More

As property values have increased, even modest estates can be worth significant sums. Where more money is at stake, beneficiaries are more likely to question whether a will is valid or reflects the deceased’s true wishes. For many families, the family home is the largest asset in the estate. As estates become more valuable, disagreements over who should inherit are more likely to end up in court.

  1. Modern Families Are More Complex

Blended families, cohabiting couples, stepchildren, second marriages and estranged relatives can all lead to competing expectations. While a person is generally free to leave their estate as they choose, claims under the Inheritance (Provision for Family and Dependants) Act 1975 may arise where someone believes reasonable financial provision has not been made. The Supreme Court’s decision in Ilott v The Blue Cross [2017] UKSC 17 confirmed that adult children can bring such claims, although success depends on the individual circumstances of the case.

  1. Capacity Is Increasingly Challenged

With people living longer, disputes over whether someone had the mental capacity to make a will have become more common. The legal test still comes from Banks v Goodfellow (1870), which requires the person making the will to understand the nature of the will, the extent of their estate and those who might expect to benefit.

  1. Not Every Will Is Valid

A will may be challenged for several reasons, including lack of capacity, undue influence, fraud or a failure to comply with the legal formalities.

The recent High Court decision in Khatun v Hasan and another [2025] EWHC 1658 (Ch) highlights the importance of those formalities. The court found that the document relied upon was not a valid will, meaning the estate was distributed under the intestacy rules instead.Poor Estate Planning Can Lead to Disputes

  1. Executors Can Find Themselves in the Middle of a Dispute

Executors have a legal duty to administer an estate properly and in the best interests of the beneficiaries. Unfortunately, they can find themselves under scrutiny if a beneficiary challenges the validity of a will or alleges that the estate is being administered incorrectly.

Equally, if you are concerned that an executor is failing to act appropriately, delaying the administration of an estate or acting contrary to the deceased’s wishes, it may be necessary to seek legal advice.

When Should You Seek Legal Advice?

Contentious probate disputes are rarely straightforward. Acting quickly can often preserve evidence, protect the estate, and, in some cases, avoid lengthy court proceedings.

Whether you:

  • believe a will is invalid;
  • have been unfairly excluded from an inheritance;
  • wish to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975;
  • are defending a will against a challenge;
  • are an executor facing allegations about the way you are administering an estate; or
  • are concerned about the conduct of an executor,

obtaining specialist advice at an early stage can make a significant difference.

Many contentious probate disputes settle through negotiation or mediation before reaching trial, but early legal advice is often key to achieving the best outcome for those involved.

Final Thoughts

Inheritance disputes are about far more than money. They often involve grief, family relationships and difficult questions about a loved one’s final wishes.

If you are considering challenging a will, defending a claim, or acting as an executor who has become involved in a dispute, obtaining specialist legal advice as early as possible can help you understand your position, protect your interests and work towards a practical resolution.

Griffin Law is a dispute resolution firm comprising innovative, proactive, tenacious and commercially minded lawyers. We pride ourselves on our close client relationships, which are uniquely enhanced by our transparent fee guarantee and a commitment to share the risks of litigation. For more details of our services, please email justice@griffin.law or call 01732 52 59 23.

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