Browne Jacobson
By Daniel Edwards, January 10th, 2025
Rising tide of inheritance disputes in England and Wales: Understanding the surge in probate claims
It is often noted in passing that disputes over people’s wills and their estates seem to be on the rise. On this occasion, the gut feel is certainly backed up by the numbers.
In 2012 there were 80 ‘Inheritance Act’ cases issued in the High Court in London. By 2018 that number had climbed to 128. In 2023 it was 182 (having hit 195 in 2022). The pattern is similar for ‘will challenge’ claims; 77 in 2016 climbing to 122 in 2023.
When the cases being issued in the various district registries of the High Court are taken into account, as well as the cases that never get as far as proceedings being issued, it is not hard to see just how frequent claims of this nature are becoming.
What is causing the increase in contentious probate claims?
As is often the case in life, there are numerous factors at play in this increase in probate disputes; we have an ageing population, with diverse family members and estates that are worth increasing amounts. Couple that with people being more aware that they can bring some sort of claim, and there is a perfect recipe for an increase in claims.
Contributing Factors:
- Ageing population
- Blended families
- Public awareness
- More valuable estates
