Losing someone you love is one of the most confusing experiences in life. The weeks following a death are rarely peaceful, but for a growing number of British families, they are becoming something else: the opening chapter of a legal dispute that can drag on for months or even years.
Contentious conflicts, situations in which family members, partners or other interested parties question the validity of a will or the distribution of property, are on the rise. According to the data obtained through a Freedom of Information request to the HM Courts and Tribunals Service, there were 11,362 applications to close probate in 2024, compared to 7,268 in 2019. This is a 56% increase over five years. Compared to 2014, the first year of data, this number has increased by 79%.
This is not a legal curiosity. It’s a pattern that has real emotional consequences for real families, and understanding why it happens is important for anyone who wants to protect their loved ones from unnecessary conflict.
Why is there more controversy than people expect?
Arguments rarely arise. They usually arise at the intersection of complex family dynamics, financial pressures, and living conditions that have changed faster than legal documents.
One important factor is the aging of the UK population. The ONS predicts that by 2041 more than a quarter of the population will be aged 65 and over. Along with longer life spans there is an increasing prevalence of dementia and cognitive decline. The NHS records more than 500,000 patients with the diagnosed condition, an increase of 9% in two years. When a will is made late in life, questions about whether the person was actually of sound mind at the time of signing can become the basis for a legal claim.
Dan Brown, Director of the Door Division LawSure Insurancecommented: “The rise in competency disputes is something we’re seeing not only in lawsuits, but in the types of risks that attorneys want to mitigate at an earlier stage. Where wills are drawn up later in life, the burden of proof can become important if a problem arises. “
Blended families bring competing expectations
Modern family structure is another important factor. Second marriages, stepchildren, cohabitants, and estranged relatives are now regularly involved in real estate disputes, and the emotional weight behind each of these relationships can be significant.
When a parent remarries and their estate is divided in a way that excludes or disadvantages children from the first marriage, the grief of the loss can be mixed with feelings of rejection or injustice. These situations do not always lead to legal measures, but they create more conditions for it than before.
Financial levels have never been higher
For many young adults with home ownership increasingly out of reach, inheritance represents a unique and life-changing financial opportunity. This change in contributions changes how people react to being left out or getting less than they expected.
Brown observed: “What we’re seeing more and more is that disputes arise out of both financial and jurisdictional pressures. As estate values rise, so does the willingness of frustrated beneficiaries to pursue a lawsuit.”
The quiet risk of DIY will
Another thread in this picture is the increase in wills prepared without professional legal advice. A national survey found that 23% of people with willpower use a DIY kit, online service, or other non-professional method. These documents are more prone to flaws in execution, unclear design, and an inability to account for the full complexity of a person’s family or financial situation.
When a will is unclear, or when someone dies without a valid will, the risk of family conflict increases greatly. Earlier data from the Department of Justice showed that real estate sales rose 17% year-on-year to a five-year high of more than 51,000.
What can you do to protect the people you love?
None of this is inevitable. Thoughtful and professionally supported planning can reduce the likelihood of disputes arising after you are gone and save your family the additional burden of conflict at an already painful time.
Seeking professional legal advice is one of the most important steps when drafting or updating a will, especially if your situation is complex. Keeping detailed records, talking openly with family members about your intentions, and revising your will when your living circumstances change can all help reduce uncertainty.
For those managing a property where a dispute has already arisen or where the risk to the individual feels real, there are specialized insurance products to help manage the process. Brown noted: “Insurance plays a key role in this process, whether by protecting the estate, the beneficiaries, or the attorney position. As the frequency of claims increases, having the right risk transfer mechanisms in place is an essential part of the modern probate practice.”
The rise of contentious litigation is a legitimate trend. But in reality it is a human being. Families experiencing loss deserve a chance to grieve without the added weight of a legal battle. Planning well and planning ahead is one of the most generous things any of us can do for the people we will one day leave behind.
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Our editorial team are writers and experts in their field. Their views and opinions are not necessarily those of Wellbeing Magazine. If you are under medical supervision, talk to your doctor or therapist before following the advice and recommendations in this article.
