In recent years, the UK has witnessed a noticeable surge in probate claims, which are usually legal challenges against the validity of a will or the distribution of a deceased person’s estate. While the concept of contesting a will isn’t new, the frequency and complexity of such disputes have intensified, painting a portrait of shifting social dynamics, financial pressures, and evolving legal landscapes.

Estate values

One major driver is the escalating value of estates. With property prices hitting historic highs and investment portfolios swelling, even average estates now represent considerable sums. For some, inheritance has become less of a windfall and more of a financial necessity, especially amid the cost-of-living crisis, spurring challenges by disappointed heirs and overlooked dependents.

Today, inheritance often acts as a bridge to homeownership or financial stability for younger generations. This shifts expectations – what was once seen as a “bonus” is now integral to financial planning, making exclusion from a will feel more like a setback.

Vulnerability and Influence at the End of Life

As people live longer, end-of-life mental capacity has become a critical issue. Wills signed during periods of cognitive decline – often involving conditions like dementia – can trigger claims involving undue influence or lack of testamentary capacity. Family members may suspect manipulation, especially in cases where a new partner, carer, or relative suddenly appears as the main beneficiary.

Changing Family Structures

Modern families can be a maze of step-relatives, ex-partners, and cohabitees. These complex ties often clash with traditional inheritance norms, leaving some individuals excluded or inadequately provided for. In turn, disputes rise – particularly when verbal promises go unfulfilled or when legal recognition of relationships is unclear.

Executor Errors

With many people now attempting probate without professional guidance, disputes can arise. Whether it’s mishandling of assets or lack of transparency from executors, any mistake or lack of communication can lead to costly disputes. As trust erodes, beneficiaries are more likely to seek legal intervention.

How can we help?

Our dedicated contentious probate team has a wealth of experience in all types of probate-related litigation. We understand that these disputes arise in an emotional and challenging time. We will explore all options available to resolve disputes constructively and will do everything we can to reduce conflict and find common ground, whilst always standing firmly for your interests.

By working in partnership with our non-contentious private client team, we’re able to offer a comprehensive and joined-up service.