The number of requests by families to halt probate proceedings increased by 12% last year, according to the latest figures from the Ministry of Justice.
The figures, which are the result of a freedom of information request from TWM Solicitors, show that applications for so-called probate caveats increased from 10,313 to 11,589 in 12 months.
This ‘legal notice’, which costs just £3, gives individuals in England and Wales, the ability to stop the administration of an estate for up to six months, if they have concerns about a will. (Different rules apply in both Scotland and Northern Ireland).
We explain why more families are looking to challenge wills in the first place and suggest five steps to take now that could head off future disputes amongst beneficiaries and aggrieved parties.
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Wills are being challenged more frequently than ever before according to Claire-Marie Cornford, partner and head of the will, trust and estate disputes team, at law firm Irwin Mitchell. She says: “I have seen this increase both within my firm’s practice and reflected in national statistics.”
She adds that the number of will challenges to reach the High Court of England and Wales increased by 13% to 1,217 in 2025.
But Cornford warns that this may only have been the tip of the iceberg. “These figures tell only part of the story, as the majority of disputes are resolved informally, including through alternative dispute resolution methods such as mediation.”
Stuart Downey, partner in the will, trust and estate dispute team at TWM Solicitors, says the increase is largely being driven by the combination of increased property prices and changing family dynamics.
He points out that: “In many parts of the UK, even relatively modest estates can now be worth between £500,000 and £1 million simply because they include a family home. As the value of estates rises, so too does the potential for disputes between family members.
“Increasingly, people factor expected inheritances into their long-term financial planning. When the reality falls short of expectations, it can quickly lead to disagreements and legal challenges.”
Downey also points to problems that can arise out of blended families. “It is becoming more common to see children from different relationships taking action against each other when they feel they have been treated unfairly or overlooked in a will,” he says.
When challenges occur, Downey says complainants often question the validity of a will. For example, claiming that an individual did not have the mental capacity to write or change his or her will. Downey says: “Families are also increasingly alert to the possibility that vulnerable individuals may have been pressured into altering their wishes.”
Alternatively, complainants may raise concerns over the suitability of an executor, the individual chosen by the deceased to manage the distribution of their estate.
The rising value of estates, coupled with ongoing economic uncertainty, means there’s more at stake when people die. Especially if they’re wealthy.
But Cornford says that in her experience, will disputes are “rarely just about money”. She explains that: “When a client comes to see me, a loved one has usually recently passed away, and the client was unaware of the terms of the will. They are dealing with their grief, but also with the shock, disappointment, and distress caused by how their loved one chose to distribute their estate, often in a way that can significantly impact a client’s life.
“Wills are more likely to be challenged where the deceased’s testamentary wishes come as a surprise, appear unfair to a beneficiary, or have not been updated to reflect what the deceased would have wanted.”
When a will is challenged there could be significant delays to the distribution of your estate, not to mention considerable stress for all parties involved.
If the challenge is successful the will could be deemed invalid, or an earlier version of the will might be reinstated. Alternatively, an estate might end up being distributed according to the rules of intestacy, which determine who inherits in the absence of a will.
To avoid these situations, there are plenty of practical steps you can take to reduce the risk of your will being challenged:
Kevin Modiri, partner and solicitor in the dispute resolution team at law firm Nelsons, says it’s best to use a specialist solicitor and keep good records. “Have the will professionally drafted and keep a clear audit trail with attendance notes, instructions, drafts and confirmation of approval. Poor or missing file notes are often exploited in challenges.”
Cornford adds that: “It is also important to keep the will under regular review and update it following major life events such as marriage, divorce, or the birth of children.”
When writing or amending a will, if there is the slightest risk that your mental capacity could be challenged, because of advancing age or state of health for example, Modiri says it’s essential to follow the ‘Golden Rule’. “Arrange for a medical practitioner to assess capacity around the time of giving instructions and record it,” he recommends.
The solicitor should also record results for tests for mental capacity. The Banks v Goodfellow test covers a standard series of points which an individual must understand to pass the requirement of ‘testamentary capacity’.
Modiri also says that you should not be accompanied by your beneficiaries when you give your solicitor instructions. “Avoid beneficiaries arranging appointments, transporting the testator [the will writer], or providing ‘notes’ of what the will should say. Those facts often become ‘suspicious circumstances’”, he points out.
If you have any sight or hearing problems, the solicitor should also use and keep a record of appropriate adjustments to ensure you understand the will.
Modri adds that it’s preferable to use independent witnesses when you sign the will, who do not stand to benefit from it.
The sad fact is that everyone will die at some stage. But before this day comes, potential problems with wills can be anticipated, and hopefully avoided, by talking to loved ones and explaining decisions behind your wishes.
Also bear in mind that certain family members or dependants may be able to raise a claim against your estate for financial provision, under the Inheritance (Provision for Family and Dependants) Act 1975.
This could be possible if they believe that they haven’t been provided for adequately in your will. Modiri says: “It is therefore important to take advice on the potential for such claims from eligible parties, including a spouse, dependants, minor, or disabled children, or a co-habiting partner, and to consider appropriate planning measures such as lifetime gifting, insurance, or the use of a trust structure,” he explains.
Modiri says a statement explaining the decision can often be useful in such cases. But adds that it should be worded carefully, as a court will consider what is written when deciding whether the provision, or lack of provision, was reasonable.
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