Family inheritance tensions set to rise as executor disputes intensify

Close family members are increasingly being drawn into inheritance disputes, with disagreements over the role and conduct of executors emerging as a key trigger for conflict, according to a leading private client law firm.

Irwin Mitchell says it is seeing a notable rise in enquiries and instructions from both sides of these disputes. Beneficiaries are becoming more willing to challenge how estates are administered, while executors are increasingly seeking legal advice to defend decisions made while fulfilling their duties.

Under English law, executors are subject to strict fiduciary duties, including acting in the best interests of the estate, avoiding conflicts of interest, and administering assets with reasonable care and transparency. Disputes can arise where beneficiaries believe those duties have been breached, whether through perceived bias, delays in distribution, lack of communication, or concerns around financial management.

Figures obtained by Irwin Mitchell through a Freedom of Information request show that 126 contested probate cases were heard in the High Court in 2025, matching the elevated levels seen in the previous year. However, this is likely to represent only a fraction of the overall picture, with many disputes resolved through negotiation, mediation, or settlement before reaching litigation.

Separate data from the firm reveals that 11,328 probate caveat applications were lodged in 2025, around 55% higher than in 2019. The figures highlight a growing tendency for individuals to take early legal steps to pause estate administration while concerns about the validity of a will or the conduct of executors are investigated.

Legal experts at the firm stress that, while claims are increasing, success is far from guaranteed. The courts continue to take a robust approach, requiring clear evidence of wrongdoing before intervening in the administration of an estate or removing an executor from their role.

Olivia Jack, Associate Solicitor at Irwin Mitchell, said:

“Disputes involving executors are increasingly being driven by the rising value and complexity of estates, particularly where property assets and blended family arrangements are involved.

 

“We are seeing more situations where there are multiple competing interests, informal lifetime arrangements, and heightened expectations among beneficiaries. That combination can quickly lead to disagreements about how estates should be managed.

 

“Looking ahead over the next 12 months, we expect to see a continued increase in challenges brought by beneficiaries, alongside a growing number of executors seeking early legal advice to protect themselves and ensure they are acting within their duties.

 

“However, there is also a clear message from the courts. While individuals are more willing to challenge decisions, intervention will only happen where there is strong, well-evidenced concern that the estate is being mismanaged or placed at risk.”

Olivia added that those pursuing weak or speculative claims face significant financial consequences.

“Executor disputes can be highly fact-sensitive and often involve detailed examination of financial records, historic arrangements, and family relationships. Where claims are not properly founded, the financial risks can be considerable.

 

“We are likely to see the courts continue to take a firm approach on costs, particularly where claims are driven by suspicion rather than evidence.”

The firm also expects greater use of alternative dispute resolution, including mediation, as families seek to avoid the financial and emotional cost of prolonged litigation.

Irwin Mitchell advises individuals to seek early legal advice when disputes arise, whether they are considering a challenge or defending the administration of an estate, to reduce the risk of escalation and protect their position.