High Court inheritance disputes stay at elevated levels, FOI data reveals

Inheritance disputes being fought in the High Court show little sign of easing, with new Freedom of Information (FOI) data revealing that case numbers remained high in 2025.

Figures obtained by law firm Irwin Mitchell show 126 contested probate cases were heard last year - virtually unchanged from 2024 - indicating that dispute levels are plateauing at an elevated level rather than falling back.

The figures were provided by HM Courts & Tribunals Service (HMCTS) and relate to contested probate claims issued in the Chancery Division, supplied on a year by year basis.

Irwin Mitchell says the High Court litigation picture sits alongside continued high volumes of probate caveats, which are often used as an early protective step while concerns are investigated. Separate FOI data obtained by the firm shows 11,328 probate caveat applications were lodged in 2025, keeping volumes close to the record highs seen in 2024 and underlining how quickly bereavement can turn into disagreement.

The FOI response reveals that in the last three months of 2025, 2,703 caveats were registered, taking the total for the year to 11,328. While the annual figure is marginally lower than 2024, it remains around 55% higher than in 2019.

Irwin Mitchell believes a combination of financial pressure, rising property values, increasingly blended family set ups and more awareness of inheritance disputes is pushing concerns to the surface earlier and increasing disputes generally. The firm also says DIY wills and misinformation can leave people believing they have grounds to challenge, or uncertain about where they stand, which can increase the likelihood of conflict at an already difficult time.

Claire Marie Cornford, partner and head of Irwin Mitchell’s Will, Trust and Estate Disputes team, said:

“What stands out in the High Court figures is how high the number of disputes is. When cases hold steady at these levels, it suggests inheritance conflict is becoming a more established feature of the probate landscape rather than a short term spike.

 

“Probate caveat applications exceeded 11,000 in 2025 for the second year running, reflecting the fact that more people are taking protective steps and are unwilling to let estate matters progress until they have clarity or the opportunity to raise concerns.

 

“Rising financial pressure, higher value estates and increasingly complex family arrangements are all contributing to this, bringing potential disputes forward. Where wills are homemade, unclear or misunderstood, confidence can quickly fall away and people are more likely to challenge what has been left behind.

“For some families, we’re seeing that inheritance now feels less like a distant windfall and more like a matter that has a direct and immediate impact on their financial security.”

Irwin Mitchell’s Will, Trust and Estate Disputes team advises families, executors and trustees, and beneficiaries on a wide range of contentious private client matters, including will challenges, disputes over estate administration, claims for reasonable financial provision, trust disputes, capacity and undue influence concerns, and fraud related issues. The team acts for both those bringing and defending claims, helping clients resolve disputes as quickly and constructively as possible and, where appropriate, avoid litigation through early engagement and settlement.

HMCTS responded to Irwin Mitchell’s FOI request regarding caveats and contentious probate actions in the High Court with figures drawn from its case management systems on 20 April 2026.

A probate caveat is a formal legal step used to stop a grant of probate being issued while concerns are investigated, typically where there is a dispute surrounding the validity of a will or the suitability of the people tasked with administering an estate.

A contentious probate action is a High Court claim brought to resolve a dispute over the validity or interpretation of a Will, or the administration of an estate, where the issues are complex or strongly contested and require formal litigation.