Past data confirms what probate practitioners have long suspected: contentious probate is no longer an edge case. With caveat applications reaching record highs and no sign of the underlying pressures easing, the implications for solicitors and their clients are significant heading into the rest of 2026.
A Freedom of Information request submitted to HM Courts & Tribunals Service has put hard numbers behind a trend that experienced probate practitioners have watched building for years. According to the data, as reported by Today’s Wills and Probate, there were 11,362 applications to block probate in 2024, compared to 7,268 in 2019.
That is a 56% increase in just five years. Compared to 2010, the earliest year available in the FOI data, caveat applications have grown by 79%. This is not a short-term fluctuation. It is a structural shift in how estates are administered and contested in England and Wales.
The Four Forces Driving the Surge
Contentious probate does not arise in isolation. It is a consequence of demographic, economic and social changes that have been compounding for decades.
An Ageing Population and Growing Capacity Concerns
The UK’s demographic trajectory is well documented. The ONS projects that by 2041, more than a quarter of the UK population will be aged 65 or over. The number of people aged 85 and over is on course to double in the same period.
This ageing profile is driving a significant increase in mental capacity challenges. NHS Primary Care dementia data records more than 500,000 patients with a diagnosed condition, as of August 2025. Where there are questions about a testator’s mental state at the time of signing, disputes over testamentary capacity are almost inevitable.
Dan Brown, Divisional Director at LawSure Insurance, commented:
“The rise in capacity-related disputes is something we are seeing reflected not just in claims, but in the types of risks solicitors are seeking to mitigate earlier in the process. Where wills are made later in life, the evidential burden can become critical if a challenge arises.
Blended Families and Competing Claims
Changes in family structures over recent decades have created a new landscape of competing beneficiary expectations. Second marriages, stepchildren, cohabitees and estranged relatives now regularly feature in estate disputes.
These blended family dynamics increase the likelihood of Inheritance (Provision for Family and Dependants) Act 1975 claims, disputes over promises allegedly made by the deceased, and challenges to wills that may have been changed after a second marriage. Where relationships are fractured, caveats are increasingly used as a tactical device to pause probate and force negotiation.
Economic Pressure and the Growing Value of Estates
The financial stakes involved in probate disputes have risen sharply. Property values have increased significantly, while intergenerational wealth disparities have widened considerably.
For many beneficiaries, inheritance represents a rare and material financial opportunity. That changes the calculus around challenging a will. Where they might previously have accepted the outcome without question, the financial incentive to contest is now significant.
Brown commented:
“What we are increasingly seeing is that disputes are being driven as much as by financial pressure as by legal merit. As estate values rise, so too does the willingness of disappointed beneficiaries to pursue a claim. From an insurance standpoint, this changes the risk profile significantly.
Even where a will is robust, the cost of defending a challenge can be substantial, which is why more solicitors and clients are exploring insurance solutions to manage that exposure proactively.”
The DIY Will Problem
One further driver deserves attention from a risk management perspective: the growing prevalence of wills prepared without professional legal advice. The National Wills Report 2024 found that 23% of those with a will used a DIY kit, online service or other non-professional method. These documents are more prone to defects in execution, ambiguity in drafting, and failure to account for complex family or financial circumstances, all of which increase the likelihood of a challenge.
When an estate falls into intestacy unexpectedly, disputes among family members about what the deceased would have wanted are almost unavoidable.
What This Means for 2026
With none of these drivers expected to ease, probate disputes are likely to continue rising. For solicitors, this environment demands both strong advisory practices and proactive risk management.
Clear documentation, detailed attendance notes, and transparent communication with beneficiaries remain essential. However, even well-prepared cases can lead to disputes, often resulting in delays and increased costs.
Brown added:
“The growth in contentious probate is fundamentally reshaping the risk landscape for firms. It is no longer enough to focus solely on legal accuracy; firms also need to consider how disputes will be funded, managed, and resolved if they arise.
Insurance plays a key role in that process, whether by protecting the estate, the beneficiaries, or the solicitor’s position. As claims frequency increases, having the right risk transfer mechanisms in place is becoming an essential part of modern probate practice.”
The Role of Insurance
Insurance is becoming an increasingly important tool in managing probate risk. Products such as missing beneficiary and missing will insurance can help protect estates where uncertainty or disputes arise.
Specialist brokers, including LawSure Insurance, provide guidance on appropriate cover, helping solicitors support clients through complex estate administration.
As disputes continue to rise, ensuring clients understand both legal risks and insurance options is fast becoming a key part of effective probate advice.
About LawSure Insurance
LawSure Insurance is a specialist insurance intermediary providing legal indemnity and risk insurance solutions exclusively for solicitors and their clients. Operating from offices in Horsham and Glasgow, and authorised and regulated by the Financial Conduct Authority, LawSure is a trading style of Clear Insurance Management Limited.
