As families gather this Easter – a time of reflection and renewal – it’s worth understanding why inheritance fights are becoming more common. Here we explain what will validity disputes are, why they’re increasing (including the impact of an aging population), and practical steps to help protect your wishes.

What Is a Will Validity Dispute?

• Lack of proper execution: not signed and witnessed correctly (written will; signed by the testator in front of two witnesses who also sign).
• Lack of testamentary capacity: the person didn’t understand what they were doing (for example, advanced dementia).
• Undue influence or coercion: pressure or manipulation, often where an elderly or dependent person is influenced by a caregiver or relative.
• Lack of knowledge or approval: the testator didn’t know about or approve the will’s contents (for example, they were misled about what they were signing).
• Fraud or forgery: fabricated documents or signatures; if proved, the will is invalid.

If a will is invalid, the estate is distributed under an earlier valid will or (if none exists) the intestacy rules. Some disputes instead involve Inheritance (Provision for Family and Dependants) Act 1975 claims for “reasonable provision” – these don’t challenge validity, but seek a share of the estate. Both types of dispute have been rising.

Why Are Will Disputes Increasing?

• An aging population (and capacity concerns): With more people living longer, more wills are made later in life when dementia or other cognitive decline may be present. By 2041, over 26% of the UK population will be 65+, and dementia diagnoses have increased in recent years. That can increase allegations of lack of capacity or undue influence.
• Greater wealth at stake: Rising property and asset values mean bigger estates and higher incentives to litigate. One estimate suggests £7 trillion may transfer between generations by 2050. When the sums are significant, people may be more willing to challenge a will they believe is unfair.
• Modern family structures: Divorce, remarriage, blended families, and long-term cohabitation can create competing expectations (for example, children from an earlier relationship versus a later-life partner). These dynamics can lead to more people feeling excluded and willing to contest.
• Poorly drafted or DIY wills: DIY templates and informal drafting can increase mistakes, ambiguity, and failures to follow signing formalities. Around 23% of people in one survey used DIY kits or online templates. Unclear, outdated, or improperly executed wills (or intestacy) are a common trigger for disputes.
• Greater awareness (and willingness to contest): More media coverage and online information has made people aware that challenging a will is possible, and funding arrangements can reduce barriers to bringing claims.

Together, these factors have pushed disputes to record levels. One indicator is the number of caveats lodged to block probate while concerns are investigated. Caveat applications rose from about 7,200 (2019) to over 11,300 (2024), underlining how frequently families now challenge wills.

What You Can Do Now

• Make (or update) your will properly: A clear, current, validly executed will reduces the risk of conflict. Follow formalities carefully (written; signed; two witnesses present). Consider using a qualified solicitor or professional will-writer, especially where assets are substantial or family arrangements are complex. Review your will after major life changes.
• Communicate your wishes: Where appropriate, explain your intentions to reduce surprises and manage expectations. A short letter of wishes kept with the will can also help.
• Consider mental capacity early: If the will-maker is older or unwell, consider documenting capacity at the time (for example, medical input or detailed solicitor notes). This can be valuable evidence if capacity is later challenged.
• Preserve important documents: Keep prior wills, relevant correspondence, and (where applicable) medical letters. Executors should keep clear administration records.
• Seek professional advice if in doubt: Whether you’re making a will or think you may need to contest one, speak to a specialist contentious probate solicitor early. Some claims have strict time limits (for example, a 1975 Act claim is usually within 6 months of probate). This blog is general information, not legal advice for your specific circumstances.

We’re Here to Help 📞

In the spirit of Easter’s renewal, this can be a good time to start those conversations and review your plans while family is near. If you have questions or need guidance about a will or inheritance issue, don’t hesitate to contact our team. Our experienced wills & estates dispute specialists can provide personalised, professional advice and help you navigate the process. We’re here to ensure that your estate is handled the right way – and to help resolve disputes fairly should they arise.

Get in touch with us today to discuss your situation and find the best path forward for you and your family.

Freephone: 0800 860 62 65
Email: info@ridleyandhall.co.uk