Inheritance disputes in England and Wales have reached record highs, with 1,217 probate lawsuits filed in the High Court in 2025, representing a 13% year-on-year increase. This spike is attributed to rising asset values creating larger estates, an aging population leading to more instances of cognitive decline, and increasingly complex family structures. Lawsuits are frequently driven by emotions such as "greed, need, anger, disappointment, and jealousy," which are exacerbated by modern blended families and informal arrangements.
The growing number of contested wills is directly linked to demographic shifts in the UK. By 2075, pensioners are projected to constitute 27% of the adult population, up from 19% (12.7 million people) in 2022. This greater longevity means wealth is retained by older individuals for longer, increasing the likelihood of challenges based on capacity and influence, especially as expectations around inheritance clash with the rising costs of care for older individuals.
Challenges to the validity of wills, particularly on grounds of mental capacity, are on the rise. Estimates suggest that 1.6 million people could be living with dementia by 2040. However, only about 66% of individuals over 65 with estimated dementia have a formal diagnosis, making estate planning decisions more vulnerable to scrutiny. The fluctuating nature of conditions like dementia further complicates disputes. Data from Birketts LLP shows that caveats (formal objections to a will) have steadily increased, with over 10,000 entered in 2023 and 11,328 in 2025, exhibiting a 6.20% annual growth rate over the last five years.
The increase in disputes is also partly a consequence of poorly drafted wills, particularly those made during the Covid-19 lockdown when remote interactions with solicitors were common. Many of these wills are more prone to errors or may not accurately reflect the testator's wishes, leading to challenges regarding capacity or undue influence. Legal practitioners note a "generational wealth gap" and an increase in high-value assets as contributing factors, alongside what some describe as "bad lawyers encouraging people to pursue lousy cases."
The "great wealth transfer," expected to move over a trillion pounds from baby boomers to younger generations in the coming decade, is setting the stage for more disagreements. As families become larger, more complex, and potentially more fractious, the legal framework governing wills and estates will need to adapt to the challenges presented by an aging population and increasing wealth transfer by 2075.
