Family feuds over inheritance are on the rise, with the final quarter of 2024 seeing an all-time high in quarterly applications to block probate in England & Wales, according to new analysis of official data by law firm Taylor Rose.
According to the analysis, Q4 2024 saw 3,061 applications to enter a “caveat” with the Probate Registry – the mechanism by which people can stop the granting of probate, which allows a deceased person’s estate to be administered. This is the first time there have been over 3,000 applications in a single quarter.
Experts at Taylor Rose’s Wills, Trusts and Probate Disputes team say this upward trend is likely to keep rising, driven by a complex mix of societal and demographic factors, including longer life expectancy,, an increase in mental capacity issues, higher cost of living resulting in people relying on inheritance for their pension provision as they cannot afford to save for their future, more remarriages in later life and the consequences of poorly drafted DIY wills.
The data, obtained by Taylor Rose under the Freedom of Information Act from HM Courts & Tribunals Service, reveals that there were 11,362 applications to block probate in 2024, compared to just 7,268 applications in 2019 – a 56% increase - and 6,358 in 2010 (+79%), the earliest year the figures were available on request.
With the Probate Registry also recording 2,879 applications in Q3 2024, it has seen the highest ever number of applications in the last two consecutive quarters of available data. The number of applications in the second half of 2024 (5,940) is 74% higher than in the corresponding period of 2019 (3,422).
Taylor Rose, whose Wills, Trusts and Probate Disputes team has seen an increase in inheritance disputes it has advised on for its clients in the past 2 years, says that there are multiple factors fuelling this rise, which it predicts will continue to escalate.
Ageing population and increase in mental capacity concerns
According to the ONS, by 2041, more than a quarter (26%) of the UK population is expected to be aged 65 and over, up from 18% in 2016. The number of people aged 85+ is projected to double between 2016 and 2041.
This is contributing to more people suffering from mental illness and more objections over the validity of wills and mental capacity at the time of signing. The latest NHS Primary Care dementia data shows that a record 500,677 patients had a recorded diagnosis of dementia on 31st May 2025 - a 9% increase in just two years.
Higher generational wealth of baby boomers
Higher levels of wealth amongst those in later life means the value of estates is often higher, and therefore more worth challenging for those who feel they have been overlooked. Older generations hold a disproportionate share of wealth, peaking in the 60–64 age group, with levels nine times higher than those aged 30–34.
With housing affordability having worsened over recent decades, older generations hold the majority of property wealth, with around two-thirds of those aged 65 or over owning a home6, and today’s younger generations much less likely to own their own home than their predecessors.
Rightmove recently reported that the number of homes in the UK priced at £1m or above has doubled since the start of the pandemic, with over five per cent of homes for sale across the UK now priced at over a million pounds.
Increase in re-marriages for those over 60
While marriages and second marriages have been trending downwards for many years, analysis of ONS data shows that the number of remarriages amongst those aged 60 or over in England and Wales is on the up. In 2022, 11,612 previously married men aged 60+ got married, a 49% increase on ten years earlier and 157% increase on 20 years earlier. For women aged 60 or over, the increases were 74% and 299% respectively.
Second marriages and blended family structures add complexity into wills and significantly increase the likelihood of a will being challenged or the second spouse changing their will after the first spouse has died to favour their own children from a previous marriage rather than sharing equally with the children of their deceased spouse from a different relationship.
Rise of DIY wills
According to the National Wills Report 2024, 23% of those with a will opted for DIY kits, online services, or other non-professional methods. Concerns remain over the quality of wills produced, including a common failure to account for complex family or financial situations and many DIY wills never been properly executed, rendering them invalid.
Recent data from the Ministry of Justice revealed that estates where assets have been left behind without a will have risen by more than 50,000 in the last year. The number of “intestate estates” rose 17% to 51,140 in the last year, a five-year high.
Wendy Rixon, Joint Head of Wills, Trusts and Probate Disputes Taylor Rose, commented: “Fallouts amongst families over inheritance are hugely emotional and stressful, but they are becoming more common. Many people have become more dependent on inheritance, particularly those who have found it unaffordable to get onto the property ladder, for example, and whose parents or grandparents have amassed much greater wealth by comparison. It is also the case that increasingly complex and diverse family situations, as well as complications brought about by mental capacity issues have contributed to more frequent challenges.”
Sharon Macaulay, Joint Head of Wills, Trusts and Probate Disputes at Taylor Rose, adds: “The most important thing for people to remember to avoid their family getting into a ‘Will War’ is to ensure that you have a valid Will in place and that consideration has been given to all family members, whether you want to leave them anything or not. You should enlist the help of a properly accredited Wills and Probate solicitor from a regulated firm of solicitors to advise you on this and make sure your position is protected, as it can save a lot of heartache – and cost – for your loved ones later on.
Poorly drafted Wills by will writers who remain unregulated by a professional body have also led to an increase in claims. Mistakes made by such companies are often not covered by professional indemnity insurance and so suing them for professional negligence is pointless as they may have no insurance cover to fund any damages.”
