Will Disputes Are Rising - What Executors Should Know

New figures show that contentious probate disputes have risen by 56% over the past five years, with caveat applications — the legal tool used to freeze a probate application while a dispute is investigated — up 12% in the most recent year alone, reaching 11,589 by mid-2025. If you're currently administering an estate, or expect to be named as an executor, this surge means the odds of a will being challenged are meaningfully higher than they were even a few years ago, and it's worth understanding why before a dispute catches you off guard.

Why More Wills Are Being Challenged Than Ever

The rise in contentious probate isn't a single trend but several converging at once. Blended families are now the norm rather than the exception, and second marriages, stepchildren, and previous partners all create more people with a potential interest in an estate — and more scope for disagreement about what a will-maker actually intended. Rising property prices mean even modest estates are now worth fighting over in a way they weren't a generation ago. And increasingly complex estates, including digital assets like cryptocurrency and online accounts, are creating entirely new grounds for dispute that didn't exist when older wills were drafted.

The Most Common Grounds for a Will Challenge

Most probate disputes centre on one of a handful of arguments: that the person who made the will lacked the mental capacity to understand what they were signing, that the will was forged or fraudulently altered, that a more recent will exists and supersedes the one being used, or that the will-maker was subject to undue influence or pressure from someone who benefited from it. A caveat can be lodged by anyone with a potential interest in the estate, and once it's in place, the Probate Registry cannot issue a grant of probate until the dispute is resolved or the caveat is withdrawn — which can stall an estate for months.

What a Caveat Means for an Executor in Practice

If you're an executor and discover a caveat has been entered against an estate you're administering, it doesn't necessarily mean a full-blown legal battle is coming — sometimes a caveat is lodged simply so a concerned relative can get sight of the will and satisfy themselves it's genuine. But it does mean the administration is frozen, bills and beneficiaries can't be paid, and property can't be sold or transferred until it's lifted. Executors in this position need advice quickly, both to understand the legal grounds behind the caveat and to avoid inadvertently making the dispute harder to resolve.

How a Well-Drafted Will Reduces the Risk From the Start

The best defence against a contentious probate dispute is usually put in place years before it's ever needed. A will drafted with proper legal advice — one that clearly explains the reasoning behind unusual decisions, is witnessed correctly, and includes a contemporaneous capacity assessment where there's any doubt about the will-maker's health — is far harder to challenge successfully than one drawn up without guidance. If your family circumstances are anything other than straightforward, including a letter of wishes alongside your will, explaining your decisions in your own words, can also go a long way toward heading off a dispute before it starts.

What to Do if You Suspect a Will Is Being Challenged

If you believe a will you're relying on might be contested, or you've already been notified of a caveat, the priority is to get specialist advice before responding to any correspondence from the other side. Early advice can help you understand whether the challenge has genuine legal merit, what evidence will matter, and whether a swift negotiated resolution is realistic before costs escalate on both sides.

What Should You Do Next?

Whether you're worried about a will you've been asked to make, concerned about a family member's estate being contested, or you've found yourself an executor facing a caveat, it helps to talk to someone with genuine contentious probate experience. QualitySolicitors' first contact team can match you with a local solicitor who can explain your options clearly and help protect the estate — and the family relationships — while things are resolved.