Authorized consultants at Birketts LLP warn of a constant and accelerating rise in contentious probate circumstances, with 11,328 caveats filed in 2025
Inheritance generally is a delicate topic (Picture: Mariyariya by way of Getty Photographs)
Households are being issued with a warning following recent knowledge “confirms a constant and accelerating enhance in contentious probate exercise over the previous 15 years”, with 11,328 caveats lodged in 2025. The warning originates from authorized specialists at Birketts LLP.
To measure the surge in contentious probate circumstances, Birketts submitted a Freedom of Info request to the Probate Registry requesting particulars on the variety of caveats entered since 2010. A caveat – often the preliminary step in contesting a Will – stops executors from securing probate till issues about validity or property administration are addressed.
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Birketts acknowledged authorized practitioners had “lengthy suspected” a gentle rise in will disputes, fuelled by more and more sophisticated household constructions, an ageing inhabitants and a spike in inadequately drafted Wills. Now, the Freedom of Info request submitted by Birketts’ non-public wealth disputes crew “supplies clear proof of that pattern, regardless of a small drop within the variety of claims this 12 months”, it acknowledged.
Birketts revealed it had witnessed a “marked enhance” within the variety of folks requesting steering on the validity of Wills and the administration of estates lately. In response to this mounting demand, the agency’s non-public wealth disputes crew has greater than doubled in dimension inside 5 years, demonstrating the shift within the broader authorized panorama, it defined. Birketts acknowledged the info collected demonstrated common year-on-year progress in caveats since 2010 of 4.59% and a mean enhance over the earlier 5 years of 6.20%.
The agency famous 2023 marked the primary 12 months to surpass 10,000 caveats, whereas 2024 recorded the very best quantity ever, 11,362. Quarterly statistics revealed equally steep rises, with Q2 and Q3 2025 representing the very best comparable quarters since information commenced.
What’s driving the rise?
Barny Croft, Companion in Birketts’ non-public wealth disputes crew, mentioned: “The generational wealth hole is definitely enjoying a component within the rise in Will disputes, however there are lots of elements at play: an ageing inhabitants, elevated life expectancy, extra folks residing with dementia, complicated household constructions, excessive worth belongings, badly drafted Wills, and an rising variety of dangerous legal professionals encouraging folks to pursue awful circumstances, are simply a few of them.”
Birketts acknowledged its evaluation recognized a number of key contributors:
An ageing inhabitants and elevated vulnerability
With 19% of the UK inhabitants now aged 65 or above, the ramifications for testamentary capability and vulnerability to affect are substantial. The rising prevalence of dementia – age being its biggest threat issue – means extra Wills face challenges on grounds of capability or undue affect. Circumstances corresponding to McLean v McLean [2023] EWHC 1863 underscore disputes rising from late-life remarriages, blended households and conflicting expectations, Birketts outlined.
Predatory marriages and complicated household constructions
Larger numbers of individuals are embarking upon second or third marriages in later years, leading to conflicts between offspring from earlier relationships and new spouses, in accordance with Birketts. In additional extreme cases, predatory marriages – whereby youthful folks benefit from susceptible testators – are prompting elevated examination of the circumstances surrounding Will execution, the agency famous.
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 quite a few folks prevented from assembly solicitors in particular person, there was a spike in selfmade Wills and paperwork created with out correct analysis of capability or undue affect. Birketts’ latest case Leonard v Leonard [2024] EWHC 321 demonstrates the difficulties rising from such Wills, the agency acknowledged.
Wanting forward
Contemplating demographic patterns and the amount of Wills drafted underneath sub-optimal circumstances all through the pandemic, Birketts anticipates the upward pattern in contentious probate claims will persist.
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