Will disputes in England and Wales have been climbing for fifteen years straight, and the figures show the overall trend is speeding up. New data obtained from the Probate Registry under a Freedom of Information request shows that 11,328 caveats were entered in 2025, just below the all-time record of 11,362 set in 2024. The second and third quarters of 2025 were the busiest comparable quarters on record. If you have been left out of a will, or you suspect a relative was pressured, confused, or unwell when their will was made, you are part of a rapidly growing group of people asking the same questions, and the law is on your side.
What the new figures actually show
A caveat is the first formal step in challenging a will. It is a notice entered at the Probate Registry that prevents executors from obtaining a grant of probate until concerns about the validity of the will, or how the estate is being administered, are resolved. Caveats are not lightly entered. They are typically the start of a serious dispute.
The Probate Registry figures, recently released under a Freedom of Information request from Birketts LLP, show average year-on-year growth in caveats of 4.59% since 2010, accelerating to 6.20% over the last five years. 2023 was the first year ever to break the 10,000 mark. 2024 set the record at 11,362. 2025 came in only 34 caveats below that. Specialist contentious probate teams across the country are reporting that demand for advice on contested wills has more than doubled over the same period.
Why it is happening
Several forces are pushing the numbers up at the same time.
An ageing population. Around 19% of the UK population is now aged 65 or over. With age comes a sharply increased risk of dementia, which is the single biggest driver of capacity-based will challenges. The older someone is when their will is made or changed, the greater the chance that a court will be asked to consider whether they truly understood what they were signing.
Blended families and late-life remarriages. Second and third marriages later in life are now common, as are step-children, half-siblings, and partners who never married. When the testator dies, the children from an earlier relationship and the new spouse or partner often have very different expectations of what the will should say. When the will does not match those expectations, disputes follow. The 2023 High Court case of McLean v McLean is exactly this kind of story.
Predatory marriages. In the most serious cases, vulnerable older people are being targeted by younger partners who marry them and then take control of the estate. Marriage automatically revokes any earlier will in England and Wales, so a predatory spouse can wipe out decades of careful estate planning overnight. Courts are increasingly being asked to look at the circumstances in which these wills, and the marriages themselves, came about, although it is concerning that the current acts in England and Wales make predatory messages ‘voidable’ rather than void.
Poorly drafted wills from the COVID era. This is one of the most striking findings in the data. Caveats jumped by 36.57% between 2019 and 2021, the window when face-to-face will-making was disrupted by COVID lockdowns. Many wills were made hastily, without proper advice, and sometimes signed and witnessed in awkward and irregular circumstances. Some of these wills are now reaching probate and the cracks are showing.
The generational wealth gap. Houses bought decades ago for modest sums are now worth many times their original price. The stakes are higher than ever before.
What this means if you think a will is wrong
If you have read this far and thought “that sounds like my situation”, here are the most common grounds on which a will can be challenged.
Failure to make reasonable financial provision. Even where the will is valid, certain people, including spouses, civil partners, children, and those who were financially dependent on the deceased, can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the will leaves them without reasonable provision (restricted to what is required for maintenance except for spouses and civil partners)
Lack of testamentary capacity. The person making the will must have understood what they were doing, what they owned, who had claims on their estate, and must not have been operating under a delusion or disorder of the mind that distorted their decision. Dementia, the after-effects of a stroke, severe medication regimes, and untreated mental illness are all common factors.
Lack of knowledge and approval. Even where capacity is not in issue, the testator must have known and approved the contents of the will. If they were rushed, confused, or signed something they had not properly read or understood, the will may not stand.
Fraud or forgery. Wills are sometimes forged outright, or signed by a testator who has been misled about what the document actually says. These cases are rare but they do happen.
Undue influence. Where someone has been pressured, manipulated, or coerced into making a will that does not reflect their true wishes, the will can be set aside. This is often seen where a vulnerable testator has become dependent on one family member or carer who then ends up as the main beneficiary. These claims are incredibly difficult to bring successfully as the level of evidence required is incredibly high.
Why you need to act quickly
This is the single most important point in this whole article. The time limits for contesting a will or bringing an inheritance dispute claim can be very short, depending on the type of claim. A claim under the Inheritance Act 1975 must usually be brought within six months of the grant of probate. Once that window closes, the court’s permission is needed to bring a claim at all, and that permission is not always given.
If you wait until probate has been granted and the estate has been distributed, recovering what you should have received becomes much harder, and in some cases impossible. If there are legitimate concerns about probate, then often people ‘raise a caveat’ as a first step. But it does come with possible legal risk, including risk of adverse costs if the caveat were to be successfully challenged at Court. Specialist contentious probate solicitors can talk you through this in more detail.
How C-PAID can help
At C-PAID we specialise in connecting people with the right contentious probate solicitor on a genuine 100% No Win No Fee basis. That means:
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- No upfront fees
- No charges as your case progresses
- No bill if your case is unsuccessful
Our panel solicitors have successfully concluded scores of contested probate and inheritance dispute cases. They handle capacity challenges, undue influence claims, Inheritance Act 1975 claims, proprietary estoppel disputes, and every other type of will and inheritance dispute that the rising caveat figures point to. Just as importantly, they will tell you honestly and up front whether your case has real merit. A specialist solicitor turning a weak claim away is a feature of how we work – it is usually preferable for one’s bank balance to be turned away through a free consultation from C-PAID than spending thousands on consultations with comparable organisations.
If you think a loved one’s will does not reflect what they really wanted, or you have been left out or under-provided for, do not delay. The figures show you are not alone, and the law gives you options, but you must act within the time limits.
Leave your details on our enquiry form and we will get back to you within 30 minutes, or at a time that suits you, for a confidential and obligation-free discussion of your circumstances. Or call us on 0161 532 8111.
