Probate Disputes Surge as Structural Pressures Reshape Estate Litigation

HORSHAM, U.K. - EntSun -- Probate disputes are no longer exceptional, they are becoming routine. A Freedom of Information request to HM Courts & Tribunals Service shows 11,362 caveat applications in 2024, up from 7,268 in 2019—a 56% rise as reported by Wills and Probate Today. Q4 2024 alone exceeded 3,000 applications for the first time. Since 2010, the increase stands at 79%, signalling a lasting structural shift in estate disputes across England and Wales.

Four key forces are driving this rise.

1 - An ageing population is increasing challenges around testamentary capacity. With more individuals living longer, often with cognitive decline, disputes over mental capacity are more common. NHS data shows over 500,000 dementia diagnoses, rising steadily.

As Dan Brown, Divisional Director at LawSure Insurance, notes:
"The rise in capacity-related disputes is something we are seeing reflected not just in claims, but in the types of risks solicitors are seeking to mitigate earlier in the process. Where wills are made later in life, the evidential burden can become critical if a challenge arises."

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2- Blended families create competing claims. Remarriages, stepchildren, and estranged relatives increase the likelihood of disputes under the Inheritance Act 1975, often leading to tactical caveats.

3- Rising property values and wealth inequality have raised the financial stakes. Inheritance is now a significant opportunity, particularly for younger beneficiaries.

Brown commented:
"Even where a will is robust, the cost of defending a challenge can be substantial, which is why more solicitors and clients are exploring insurance solutions to manage that exposure proactively."

4- DIY wills and intestacy add risk. Poor drafting and lack of legal oversight increase disputes, with intestate estates rising 17% in one year.

Looking ahead, these pressures show no sign of easing. As Brown added:
"The growth in contentious probate is fundamentally reshaping the risk landscape for firms. It is no longer enough to focus solely on legal accuracy; firms also need to consider how disputes will be funded, managed, and resolved if they arise."

About LawSure Insurance

LawSure Insurance (https://www.lawsureinsurance.co.uk/) is a specialist insurance intermediary providing legal indemnity and risk insurance solutions exclusively for solicitors and their clients.