How to lower the likelihood of disputes: Probate disputes increase by 12% as inheritance disputes rise

As family disputes over inheritances escalate, a thousand more applications to halt the probate process were submitted last year

According to new data from the Ministry of Justice (MoJ), more families are intentionally postponing the probate process in order to resolve disputes over who should inherit what assets.

According to Freedom of Information data from the MoJ obtained by the law firm TWM Solicitors, more than 11,500 applications to stop the after-death administration of estates, known as probate, were filed last year.

Applications for probate caveats, which temporarily prohibit the issuance of a grant of probate, increased by 12% from 10,313 to 11,589 in the year ending July 31, 2025.

A probate caveat enables a person to halt the administration of an estate for six months while issues pertaining to a will or estate management are looked into.

According to Stuart Downey, a partner in TWM Solicitors' will, trust, and estate disputes team, the likelihood of inheritance disputes is rising due to complex family dynamics and rising housing costs.

According to Downey, "even relatively modest estates in many parts of the UK can now be worth 500,000 to 1 million simply because they include a family home." "The likelihood of family disputes increases along with the value of estates.

People are increasingly taking expected inheritances into account when making long-term financial plans. When expectations are not met by reality, disputes and legal issues may arise. The "

For what reason would you request a probate caveat?

Because applying for a probate caveat only costs £3, there isn't much of a barrier for people who wish to prevent the distribution of an estate.

According to Downey, the increase in blended familieswhich frequently include stepchildren, half-siblings, and second marriagesis partly to blame for the rise in conflicts.

He clarified, "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."

Additionally, people request probate caveats when they are unsure about the legality of a will or whether a particular person is qualified to serve as an executor of an estate and want that person removed.

"When dementia or other cognitive conditions are involved, challenges often arise where there are concerns about whether someone had the mental capacity to make or change their will," Downey stated.

Additionally, families are becoming more aware of the possibility that vulnerable people may have been coerced into changing their desires. A "

How to prevent probate disputes.

Conflicts over inheritance can be upsetting, expensive, and harm family ties for a long time. Furthermore, there is more at stake and more room for disagreement over the terms of a will and who should administer it due to rising property prices, which result in increasingly valuable estates.

According to Downey, "a 12 percent increase in probate caveats is a clear warning sign that more grieving families are finding themselves in conflict at what is already a difficult time."

He emphasized the significance of meticulous estate planning prior to passing away in order to prevent issues later on. In addition to a will, a letter of wishes can assist family members in understanding inheritance decisions.

According to him, "thoughtful estate planning and regular reviews of a will can significantly reduce the risk of disputes, delays, and distress for loved ones."

When disputes do occur, early mediation can frequently offer a quicker, less expensive, and less combative path to resolution than litigation, he continued.