The UK is experiencing a significant rise in contentious probate cases, with thousands of families disputing wills and estate administration each year. In this increasingly complex legal landscape, one thing is clear: having your will professionally prepared by a solicitor is no longer optional—it’s essential.
The alarming rise in probate disputes
Recent data reveals:
- Caveat applications—used to block probate—rose 56% in just five years, reaching over 11,000 in 2024.
- High Court probate disputes are steadily increasing, with hundreds of cases annually challenging the validity of wills.
- An estimated 10,000 people in England and Wales dispute wills every year.
Behind these numbers are real families facing stress, delays, and costly litigation—all of which could often be avoided with a properly drafted will.
What’s driving the disputes?
- DIY wills: Over 1 in 5 wills are now written without legal advice, leading to errors, ambiguity, and invalid documents.
- Undue influence & capacity issues: With over 500,000 dementia diagnoses in the UK, questions about mental capacity are increasingly common.
- Complex family dynamics: Blended families, estranged children, and second marriages often result in competing claims.
Why choose a solicitor?
Solicitors offer expertise, protection, and peace of mind. Here’s how:
- Legal precision
Solicitors ensure your will is:
- Legally valid and properly executed.
- Clear and unambiguous.
- Tailored to your unique circumstances.
- Protection against future disputes
Professionally drafted wills are far less likely to be challenged. Courts favour:
- Detailed attendance notes.
- Independent witnesses.
- Capacity assessments where needed.
- Safeguarding your legacy
Your solicitor can:
- Advise on inheritance tax planning.
- Help include digital assets and business interests.
- Ensure vulnerable beneficiaries are protected.
- Support for executors
Solicitors can guide your executors, reducing the risk of mismanagement and delays in estate administration.
Final thoughts
In a time when probate disputes are rising and family dynamics are more complex than ever, a solicitor-prepared will is your best defence. It’s not just about legal compliance—it’s about ensuring your wishes are respected, your loved ones are protected, and your legacy is secure.
How can we help?
Heidi Van Rooyen is an Associate in our Wills, Trusts and Probate team, specialising in Inheritance Tax advice, Wills, administration of estates, Grants of Probate and Powers of Attorney.
If you require any advice concerning the subjects discussed in this article, please do not hesitate to contact Heidi or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.
Contact us