An Increase in Contentious Probate Cases

A recent article by Today’s Wills and Probate reported that a recent freedom of information request from HM Courts & Tribunals Service showed that there has been a significant increase in applications to block probate over the last 15 years.

Focusing on data collected from 2019 to 2024, the outcome clearly demonstrated the extent to which these cases have increased with just over 7,000 applications being made in 2019 rising to just over 11,000 in 2024. So why is contentious probate on the rise?

Here we look at the determining factors that may have played a part in the increase, and how our experts can help you if you wish to enter a caveat to challenge or dispute someone else’s probate application.

With the general population living longer, this opens up further opportunities for capacity issues to cause legal complications. Dementia and cognitive impairments are frequently examined in disputes, particularly contentious probate cases, meaning Wills are more frequently contested on grounds of validity.

The increase in house prices and valuable assets means that older generations typically have higher financial wealth compared to younger adults which has led to a higher number of familial disputes. Parties involved are challenging the Will of the deceased because they believe they are entitled to a higher share of the estate and in some cases, future plans and financial decisions based on what they are expecting to receive in inheritance.

Blended families and later-life marriages are on the rise, which can result in step-children and more people expecting to benefit from the deceased estate. Unless the deceased’s wishes for who is to inherit what are specified in a well-drafted Will, this can fuel the fire for disputes.

With the internet and AI platforms providing a straightforward avenue for information, legal processes and rights are becoming more understood by the public. Whilst this has its benefits, such as enabling people to challenge decisions to ensure there is no unfair treatment or untoward behaviour, it can, however, encourage people to begin disputes and challenge legal documents. Furthermore, media portrayal and coverage of high-profile cases can make the idea of initiating challenges more appealing.

Whether you are looking to bring a contentious probate claim, draft a Will or begin the Probate process, our team can help. We offer a free 30-minute consultation to discuss your situation and how we can assist you. Contact us today.

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