Families are being issued with a warning following fresh data "confirms a consistent and accelerating increase in contentious probate activity over the past 15 years", with 11,328 caveats lodged in 2025. The warning originates from legal specialists at Birketts LLP.

To measure the surge in contentious probate cases, Birketts submitted a Freedom of Information request to the Probate Registry requesting details on the number of caveats entered since 2010. A caveat - usually the initial step in contesting a Will - stops executors from securing probate until concerns about validity or estate administration are addressed.

Birketts stated legal practitioners had "long suspected" a steady rise in will disputes, fuelled by increasingly complicated family structures, an ageing population and a spike in inadequately drafted Wills. Now, the Freedom of Information request submitted by Birketts' private wealth disputes team "provides clear evidence of that trend, despite a small drop in the number of claims this year", it stated.

Birketts revealed it had witnessed a "marked increase" in the number of people requesting guidance on the validity of Wills and the administration of estates in recent years. In response to this mounting demand, the firm's private wealth disputes team has more than doubled in size within five years, demonstrating the shift in the broader legal landscape, it explained. Birketts stated the data collected demonstrated average year-on-year growth in caveats since 2010 of 4.59% and an average increase over the previous five years of 6.20%.

The firm noted 2023 marked the first year to surpass 10,000 caveats, while 2024 recorded the highest number ever, 11,362. Quarterly statistics revealed similarly steep rises, with Q2 and Q3 2025 representing the highest comparable quarters since records commenced.

Barny Croft, Partner in Birketts' private wealth disputes team, said: "The generational wealth gap is certainly playing a part in the rise in Will disputes, but there are many factors at play: an ageing population, increased life expectancy, more people living with dementia, complex family structures, high value assets, badly drafted Wills, and an increasing number of bad lawyers encouraging people to pursue lousy cases, are just some of them."

Birketts stated its analysis identified several key contributors:

An ageing population and increased vulnerability

With 19% of the UK population now aged 65 or above, the ramifications for testamentary capacity and vulnerability to influence are substantial. The rising prevalence of dementia - age being its greatest risk factor - means more Wills face challenges on grounds of capacity or undue influence. Cases such as McLean v McLean [2023] EWHC 1863 underscore disputes emerging from late-life remarriages, blended families and conflicting expectations, Birketts outlined.

Predatory marriages and complex family structures

Greater numbers of people are embarking upon second or third marriages in later years, resulting in conflicts between offspring from previous relationships and new spouses, according to Birketts. In more severe instances, predatory marriages - whereby younger people take advantage of vulnerable testators - are prompting increased examination of the circumstances surrounding Will execution, the firm noted.

Poorly drafted Wills and the legacy of the Covid-19 lockdown

Birketts reported a 36.57% rise in caveats between 2019 and 2021, which corresponded with lockdown-era Will preparation. With numerous people prevented from meeting solicitors in person, there was a spike in homemade Wills and documents created without proper evaluation of capacity or undue influence. Birketts' recent case Leonard v Leonard [2024] EWHC 321 demonstrates the difficulties emerging from such Wills, the firm stated.

Looking ahead

Considering demographic patterns and the quantity of Wills drafted under sub-optimal circumstances throughout the pandemic, Birketts anticipates the upward trend in contentious probate claims will persist.