Contentious probate disputes are rising at a pace that is hard to ignore. The number of caveat applications has increased significantly in recent years, reflecting deeper shifts in society, family life, and estate planning habits. With our new Partner Stephen Bottomley joining Gordons Partnership, supported by our Solicitor Kim Mareya, we are now able to offer specialist advice in this growing and often sensitive area of law.
A clearer look at contentious probate
Contentious probate usually refers to disagreements about a Will, how an estate is being handled, or concerns about the people responsible for administering it. Disputes often arise when there are questions about mental capacity, accusations of pressure or influence, problems with how a Will was signed, or situations where a family member feels they have not been properly provided for.
Anyone with a legitimate interest in an estate is able to register a caveat that temporarily prevents probate from being granted. This is a common first step when serious concerns are raised.
Covid-19 and its lasting impact
The pandemic created a unique set of pressures around Wills and estate planning. Many people prepared or updated Wills quickly during periods of uncertainty, often without professional advice.
Homemade documents increased, families were forming “bubbles” to comply with restrictions, and remote witnessing created practical challenges. In some cases, the circumstances gave rise to questions about undue influence, rushed decision-making or whether someone truly understood the choices they were making during a period of fear and isolation. These factors are now contributing to more disputes being brought forward.
Why are disputes increasing
Several wider trends are contributing to the sharp rise in disputes.
More people are dying without a Will
Large numbers of estates are still being left without clear instructions, with the figures rising year on year. This leaves families relying on the rules of intestacy, which often do not reflect personal circumstances, creating unexpected outcomes and avoidable conflict.
An ageing population
With a greater proportion of older adults, challenges to the validity of Wills based on mental capacity are becoming more frequent. Families may question whether someone fully understood the decisions they were making when the Will was prepared.
Changing family relationships
Modern family structures can be complex. Blended families, estrangement and second marriages can all lead to situations where a Will does not match expectations, creating confusion or disappointment that spills into legal disputes.
Higher-value estates
Rising property values mean estates are often worth more than they were a decade ago. Larger estates can increase the likelihood of disagreements, particularly where people feel they have been excluded or treated unfairly.
Greater awareness
Media coverage of inheritance disputes has made more people aware of their rights. As a result, individuals are more confident in challenging decisions they believe are wrong.
The impact on families and executors
Disputes can become expensive and can delay the administration of an estate. Executors often find themselves under considerable pressure, facing the risk of personal criticism while trying to fulfil their responsibilities. For families, the strain can be lasting. Relationships can be damaged at a time that is already emotionally difficult.
Managing disputes sensibly
Early legal advice is essential. Understanding the roles, obligations and options at an early stage can prevent unnecessary cost and conflict.
Mediation and other forms of alternative dispute resolution often offer a more constructive way forward than court proceedings. Clear, professionally prepared Wills and careful estate planning can also significantly reduce the likelihood of disputes arising in the first place.
Looking ahead
If current patterns continue, the number of contentious probate cases is likely to keep growing over the coming years.
Demographic changes, increasing complexity in estates and the emergence of AI are all contributing to a more challenging landscape. Mediation is becoming a more prominent part of the process, encouraged by the courts as a practical and proportionate way to resolve issues.
How Gordons Partnership can help
Gordons Partnership is able to advise clients on the full range of contentious probate issues. We give clear, straightforward guidance to executors, beneficiaries and families who are facing disagreements or want to take steps to reduce the risk of conflict in the future.
We listen carefully, explain options in plain English and work towards solutions that protect both estates and relationships wherever possible.
If you are concerned about a Will, an estate, or a potential dispute, we can help you understand your position and the practical steps to take.
About the Author
Stephen Bottomley
Partner
Tel: 07353 003570