Estate disputes on the rise: trends and practical steps to reduce the risk
Estate and will disputes (together referred to as contentious probate, or inheritance disputes) are legal disagreements that arise over the will of the deceased, the administration of an estate, and/or the distribution of a deceased person’s assets. Disputes of this nature typically arise between beneficiaries, disappointed family members, or executors.
Disputes on the rise
Fewer family structures now resemble the traditional ‘2.4 children’ model, with second marriages and blended families increasingly commonplace. With the ‘great wealth transfer’ now underway, post‑death litigation in England and Wales is steadily increasing. Data shows that estate disputes in England and Wales reached record levels in 2025.
While a significant number of estate disputes proceed to court, many more are resolved before proceedings are issued, meaning the overall volume of disputes in this area is even higher than official figures suggest.
The importance of planning and early advice
Poorly drafted wills, unclear intentions expressed by the testator, and misunderstandings about the probate process can all contribute to the increased number of inheritance disputes. It is becoming ever more important to consider the potential for disputes during the will planning process, and to address these issues with the testator before a will is finalised.
Wills can be challenged on the basis that the document itself is flawed, including on the following grounds:
- lack of testamentary capacity;
- lack of knowledge and approval;
- undue influence or coercion;
- lack of valid execution;
- fraud or forgery.
An estate can also be challenged on the basis that it does not make adequate financial provision for a beneficiary or person connected to the deceased, often referred to as a ‘1975 Act claim’.
In practice, careful drafting is key. A will, together with any accompanying letter of wishes, should be structured clearly and reflect the testator’s assets, family relationships, and financial responsibilities in the round. It is also good practice to retain contemporary evidence of the testator’s capacity and the independence of their instructions. Where appropriate, open discussions during a person’s lifetime with those who might expect to benefit can help manage expectations and reduce the risk of challenge.
A considered approach to estate planning is critical. Seeking legal advice early in the administration of an estate can also assist personal representatives in navigating tensions between potential claimants and ensuring that they are properly advised and meet their legal duties.
These considerations are closely linked to wider questions of how wealth is structured and transferred between generations, as explored in a previous article, ‘Next-gen at the helm – managing wealth, relationships and risk‘, which looks at the practical and relational challenges that can arise in this context.
Cohabitation and estate disputes
With more couples choosing to cohabit rather than marry or enter into a civil partnership, and with cohabitation not recognised as a formal legal status (unlike in some other jurisdictions), disputes frequently arise on death in this context. Unless there is a provision in the deceased’s will, a surviving cohabitee has no automatic entitlement to benefit from the estate, even if they have children together.
A cohabitee may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the ‘1975 Act’) if they lived with the deceased for at least two years before death and the deceased was domiciled in England and Wales, but any award is limited to what is reasonable for maintenance. Such claims should be issued within six months of the grant of probate.
Property disputes can also arise. Where the parties were not joint legal owners of the family home, the survivor may need to bring a claim under the Trusts of Land and Appointment of Trustees Act 1996 (a ‘TOLATA claim’) to establish a beneficial interest. In practice, the absence of clear documentation often drives these disputes, and a properly drafted declaration of trust can help prevent them from arising.
Further analysis of the position of cohabitants in England and Wales, alongside comparable regimes in other jurisdictions, can be found in our International Family Law Report: The Cohabitation Conundrum, which highlights the differences between unmarried cohabitants and their married counterparts at key life stages.
Reflections
As estate disputes become more frequent, careful planning and clear communication during a person’s lifetime can reduce the risk of conflict significantly. Where disputes do arise, taking advice at an early stage can help limit issues, protect the value of the estate, and support a more efficient resolution.