Why Contentious Probate Cases Are Increasing

Recently, our legal courts have seen a clear increase in disputes over wills and estates – referred to as contentious probate. Although only a small number actually end up in court, data shows that more families are entering disputes than ever before.

Why is that? Here are a few reasons, but all demonstrate a common theme – that it is vital to get your will in order now to protect your wishes and guard against potential future disputes.

1. Increase in property values

• Property prices in the UK continue to rise, adding to the overall value of the estate
• Higher value estates make disputes more financially worthwhile to challenge

2. Modern families are complicated

• More blended families and cohabiting partners means people often have different claims on estates.
• Stepchildren, former partners, and long-term cohabitants may not be protected by intestacy rules, leading to claims under the Inheritance (Provision for Family and Dependants) Act 1975.

3. Ageing population

• With an ageing population, older people are more likely to develop conditions like dementia, which raises the question of if they understand the will they’re writing.
• This lack of capacity often triggers queries about undue influence – for example, has someone persuaded a person with dementia to change the will in their favour? These are now frequent grounds for challenge and result in extra cost of medical evidence and solicitors fees.

4. Lack of Legal Advice

• During (and since) the pandemic, DIY wills became more common, often resulting in mistakes or missing legal formalities.
• People dying without valid wills in place (intestate) means their estates are subject to statutory rules, often leaving relatives unhappy with their share and make for a much more complicated process.

5. Awareness of Legal Rights

• With more coverage in the media and online about inheritance rights, relatives are more aware they can contest wills.
• Easier access to solicitors and legal websites means more people consider claims than in the past. The positive is that this can support relatives with legitimate claims more easily – but it also encourages challenges that might not have been considered before.

So what does this mean for you and your family?

The continued rise in disputes has wider implications:

• Time and cost: Disputes can add months or years to the probate process and involve significant legal fees.
• Emotional cost: Inheritances can become catalysts for longstanding family tensions.
• Legal reform pressure: Calls for modernising inheritance laws to better reflect modern families are growing.

But with clear estate planning, properly drafted wills, and early legal advice, it’s possible to avoid many of the problems that lead to contentious probate in the first place.

If you’re facing a potential inheritance dispute, or you want to make sure your own wishes are respected, we’re here to help and can guide you through the process.

For advice on wills or contentious probate, contact
Helen Freely (hf@branchaustinmccormick.com) at Branch Austin McCormick.