As we approach the end of the first month of 2026, now is a great time to look forward to what the rest of the year may have in store for us.
In the contentious probate world, recent statistics have revealed a continued increase in the number of caveat applications. For example, between 2019 and 2024, the number of annual caveat applications rose from 7,268 to 11,362, which is a significant increase of approximately 56%.
Caveats are most commonly used where there is a concern about the validity of a deceased person’s Will. A caveat prevents a Grant of Probate or Letters of Administration from being issued and the Estate from being administered whilst those concerns are being investigated.
The upward trend in caveats suggests that probate disputes are on the rise and are likely to continue increasing for the foreseeable future.
Why are the number of probate disputes increasing?
Ageing population
Statistics from the Centre for Ageing Better confirm that the UK population is older than ever.
At the end of 2025, almost one in five (19%) of people are aged 65 and over, and almost two in five (38%) of people are aged 50 and over.
It is projected that within the next 20 years, the number of people aged 65 and over in England will increase by 3.3 million, and by 6.5 million in the next 40 years.
As well as various economic consequences, the ageing population is seeing an increase in the number of diagnoses of diseases which impact mental function, such as dementia. One of the most common grounds for challenging a Will is lack of testamentary capacity. It therefore seems inevitable that the increased prevalence of dementia will in turn give rise to an increase in disappointed beneficiaries raising concerns about a testator’s capacity to make a Will.
Intestate estates
In 2024, the Probate Registry issued 51,258 Grants of Letters of Administration. Letters of Administration is the name of the document which is issued when a person dies without leaving a will, known as ‘intestate’. This was the highest number in 5 years.
When a person dies intestate, the distribution of their Estate is governed by the laws of intestacy. There is a fixed order of close family members who benefit from an intestate Estate, prioritising spouses, children and then other relatives such as parents and siblings.
Notably, unmarried partners and stepchildren are not within the classes of beneficiary entitled to inherit under the laws of intestacy. Depending on their financial circumstances, these classes of family member may have no alternative but to pursue a claim against their loved one’s Estate.
Changing family structures
Modern society is continually evolving and seeing an increase in the number of divorces, remarriages, and blended families. Sadly, estrangements and fractured or broken family relationships are also becoming more common.
These factors generally lead to more complex family arrangements. Combined with poor or absent estate planning, this can lead to confusion, disappointment, and somewhat inevitably, legal challenges after death.
What does the future hold?
The statistics speak for themselves: changes in society and the population demographic are feeding the rise in probate disputes. Developments in technology and the law may also have an impact.
Digital Assets
On 4 December 2025, the Property (Digital Assets etc) Act received Royal Assent. This means that digital assets are now to be formally recognised in law and can be treated alongside the traditional categories of personal property.
The new Act aims to provide greater legal certainty over digital assets such as cryptocurrency, and how such assets can be inherited.
However, digital assets are high risk. Personal representatives of estates will need to be mindful of their duty to preserve and protect assets collected after death. The unpredictable nature of cryptocurrency could see personal representatives placed under scrutiny by beneficiaries, especially if the crypto assets are perceived to have been sold during a downturn in the market.
Wills Reform
The Wills Bill 2025 proposes landmark reforms to the Wills Act 1837, which currently governs how a person’s property is disposed of by will. These are likely to include:-
- Giving courts the power to give legal effect to a testator’s intentions where the formalities for making a valid will have not been followed;
- Provision for electronic wills; and
- Adopting the definition in the Mental Capacity Act 2005 along with a clear code of practice to alleviate current issues surrounding the tests which are applied to assess testamentary capacity.
Whilst the proposed changes are intended to reduce the number of will disputes, it remains to be seen whether the proposed measures will go far enough.
For example, the introduction of electronic wills may give rise to increased risks of fraud and/or undue influence where a testator is elderly and vulnerable. AI technology might be abused to imitate a testator’s intention or possibly forge an electronic signature. Consideration must be given to the storage of electronic wills and ensuring that they cannot easily be hacked, deleted or altered.
Mediation
The way in which probate claims are run is changing. Mediation is already becoming increasingly common as a means of resolving probate disputes at an early stage and avoiding the claim progressing to trial.
Recent amendments to the Civil Procedure Rules, which govern probate claims, mean that the Court now has the power to order parties to engage in Alternative Dispute Resolution, such as mediation. 2025 saw one of the first reported instances of the Court ordering the parties to mediate in a probate claim in the case of Ivey & Others v Lythgoe & another [2025] EWHC 2325 (Ch).
We anticipate that number of mediations will only continue to grow, and perhaps the number of families who must face the expense and stress of a probate trial may decrease.
How Wolferstans can help
Our specialist Contentious Probate Team at Wolferstans are able to advise on all aspects of probate disputes.
If you would be interested in discussing any of the matters raised in this article, please feel free to contact us.