Alarming Increase in Inheritance Disputes

Recent data reveals an unprecedented surge in inheritance disputes across England and Wales. In the final quarter of 2024 alone, the Probate Registry received 3,061 applications to enter a ‘caveat’ – a legal mechanism that halts the granting of probate to allow claims to be investigated.

This figure marks a historic high, reflecting a dramatic 56% increase in caveat applications over the past five years, rising from 7,268 in 2019 to 11,362 in 2024. The rise in contentious probate cases is a symptom of deeper demographic and socioeconomic factors impacting families and individuals.

Factors Driving the Increase in Inheritance Disputes

• Ageing Population: The UK’s elderly demographic is expanding rapidly. In mid-2022 there were 1.7 million people aged 85 and over, making up 2.5% of the population. By mid-2047, this number is set to almost double to 3.3 million (4.3% of the total UK population).
• Mental Capacity Issues: The rise in conditions such as dementia complicates the process of Will-making and estate administration, increasing the likelihood of disputes.
• Diverse Family Structures: Modern family arrangements, including blended families and cohabitation, often add new layers of complexity to inheritance claims.
• Estate Value Growth: The total value of inheritances reported to HMRC – in real terms (2021/22) prices – has soared, rising from £24 billion in 1979 to £98 billion in 2020.
• Cost of Living Crisis: More individuals are dependent on inheritances to secure their financial futures, further heightening the stakes of probate.
• Poorly Drafted Wills: The prevalence of DIY Wills frequently results in misunderstandings which can lead to legal challenges that divide families.

Expert Insight

Rebecca Armstrong, Senior Associate Solicitor & Head of Will and Inheritance Disputes at Cartmell Shepherd, explains:

“With the significant rise in inheritance disputes over the past five years, it has never been more important to have a properly drafted Will. These cases – which are often stressful and emotionally challenging for families – can be averted by having the right documentation in place.

In cases where a Will has not been correctly drafted or if you suspect something untoward might have occurred, it is essential to seek specialist advice from a specialist contentious probate solicitor as soon as possible. Acting swiftly maximises your chances of protecting your interests, and those of your loved ones.”

Support and Guidance: How Cartmell Shepherd Can Help

Cartmell Shepherd’s dedicated Will and Inheritance Disputes team is here to guide you through every stage of the dispute process, offering expert legal advice tailored to your unique circumstances. For more information, contact the team via enquiries@cartmells.co.uk or 01228 516 666.