4 key drivers making contentious probate expertise essential in 2026

The need for contentious probate expertise is growing as families become more proactive in questioning Wills and the way that estates are handled. One indicator of this shift is the 56% rise in caveat applications since 2019 — a simple mechanism that pauses probate and gives families time to raise concerns about capacity, fairness or executor conduct.

This sits against a backdrop of wider social, demographic and economic pressures with changing family structures and increasingly complex assets shaping the disputes now emerging. 

Here, Danielle Pawson and Lucy Baines from our contentious probate team take a closer look at the trends that are making specialist guidance essential.

1. Demographic shifts

An ageing population has led to a higher prevalence of conditions such as dementia, increasing the frequency of challenges based on testamentary capacity. Wills made in the later stages of life or those made in declining health often draw scrutiny, prompting beneficiaries to lodge caveats while capacity, undue influence or vulnerability concerns are examined.

These disputes are evidence‑heavy and often require specialist medical analysis. As a result, capacity‑related litigation continues to grow, reinforcing the need for careful, well‑documented Will preparation for elderly or vulnerable clients and probate litigation experts to handle such disputes when they do arise. 

2. Blended families

Modern family structures like second marriages, stepchildren, cohabitees and estranged relatives create competing expectations that were traditionally less prevalent when dealing with estates. Perceived unfairness or promises made during the deceased’s lifetime frequently lead to challenges, including claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Where relationships are complex or strained, caveats are increasingly used as a strategic tool to pause probate until disputes can be resolved. These cases highlight the importance of communicating and documenting your intentions for your estate during your lifetime, precise drafting and forward‑thinking estate planning.

3. Complex estate assets

As individuals increasingly hold property, investments and business interests overseas, foreign assets are appearing more frequently in estate administrations. Conflicting regulatory regimes, unfamiliarity with local succession rules and practical obstacles in obtaining documentation can complicate the administration of estates and fuel mistrust between beneficiaries.

As a result, questions are increasingly raised about whether estates with foreign components have been fully traced, accurately valued and correctly accounted for, with the need for cooperation between specialist lawyers in different jurisdictions to resolve disputes rising. 

4. Economic pressures & rising living costs

Rising living costs have become an increasingly significant driver of post‑death disputes. As financial pressures intensify, beneficiaries who might once have accepted a Will without question are now more inclined to challenge gifts, dispute valuations or scrutinise estate administration. For many, an inheritance represents rare opportunity to create greater financial security and even minor ambiguities can escalate into formal disputes.

This financial backdrop is contributing to a growing volume of contentious probate work, particularly where estates are modest but expectations are high.

Talk to us

The landscape of probate disputes in 2026 is more challenging than ever. Longer lives, modern family dynamics, digital wealth and heightened financial pressures have combined to create an environment where litigation risks are significant and early specialist advice is essential.

Contentious probate is a niche discipline requiring specialist knowledge of procedure, evidence, negotiation and the unique sensitivities of family conflict. 

Our experienced probate litigators deliver:

• Early risk assessment and strategic use of caveats.
• Cost‑effective resolution through negotiation and mediation.
• Robust handling of capacity, undue influence and executor conduct claims.
• Efficient progression of disputes to avoid unnecessary delay or expense.

Clear, well drafted Wills remain the best prevention and our private client team can assist in ensuring that your intentions are accurately recorded. Where disputes arise, our contentious probate team bring the expertise needed to resolve them swiftly, proportionately and with a clear focus on achieving the most cost‑effective outcome for your particular goals.