Discreet · Secure

Estate Planning · Data

Are Will Disputes Rising in the UK? What the Data Shows

No official series counts contested wills over time. This piece pulls together the trends that can be measured, and the ones that cannot.

9 min read · Written by the Fairchild Oldfield team · Last reviewed: July 2026

31,500
Estates that paid inheritance tax in the 2022 to 2023 tax year, up 13% (3,700 more) on the year before. Rising estate values are one measurable pressure behind higher-stakes estates, though they are not a direct count of disputes.
HMRC, Inheritance Tax liabilities statistics: commentary, tax year 2022 to 2023, as at July 2026, subject to change.

The honest answer is that nobody can prove it from official statistics, because no government body publishes a running count of how many wills are contested each year. What can be measured is the set of pressures around inheritance, and several of those are clearly moving upward.

This piece separates the two. It sets out the official figures that are rising, such as the number of estates in the inheritance tax net, alongside the court data often quoted as evidence of a "surge", which turns out to measure something broader. Every figure below comes from a named official source, with its reference period and a link at the point of use. Figures are current as at July 2026 and are subject to change. It describes England and Wales, with Scotland and Northern Ireland flagged where the position differs. For the underlying snapshot, our companion guide to will disputes statistics gathers the same court and probate data in one place.

Are will disputes rising in the UK?

On the available official data, the answer is uncertain rather than a clear yes. No published series counts contested wills, so any headline "up by X%" claim usually rests on private surveys or freedom-of-information requests rather than a national statistic. What can be verified is that several pressures behind inheritance disputes, including estate values and the number of taxpaying estates, are rising, while the death and probate volumes that feed the system have recently fallen.

That mixed picture matters, because the single number most often cited as proof of a rise, the volume of High Court Chancery work, moved up in 2025 for reasons that had little to do with wills. The sections below set out what is measurable and where the data stops.

Key figures at a glance

The table gathers the verified official figures that bear on whether inheritance disputes may be rising. Each row names its source, its reference period and a link. Read together they describe rising estate values and stable-to-falling probate volumes, rather than a direct tally of contested wills, which is not separately published anywhere in the official statistics.

FigureValuePeriodSource
Estates paying inheritance tax31,500 (up 13%)2022–23HMRC
Total inheritance tax liabilities£6.70bn (up 12%)2022–23HMRC
Deaths registered, England & Wales568,613 (down 2.2%)2024ONS
Probate grants issued, England & Wales239,091 (down 10%)2025MoJ, FCSQ
Chancery Division proceedings (all business)16,772 (up 15%)2025MoJ, CJSQ
Companies Court proceedings (within Chancery)12,052 (up 21%)2025MoJ, CJSQ
Chancery claims issued & other originating proceedings3,3712025MoJ, CJSQ
Caveat duration (to pause a grant)6 months, extendable by a further 6Rule in forcegov.uk
Nil-rate band (frozen)£325,000To end 2029–30gov.uk

All figures as at July 2026 and subject to change. "FCSQ" is the Family Court Statistics Quarterly; "CJSQ" is the Civil Justice Statistics Quarterly. Court and probate figures are for England and Wales.

The direction of travel

The one clear upward trend

The number of estates paying inheritance tax rose to 31,500 in the 2022 to 2023 tax year, up 13% on the 27,800 estates the year before, while the tax created rose 12% to £6.70bn from £5.99bn (HMRC, Inheritance Tax liabilities statistics: commentary, 2022 to 2023, as at July 2026, subject to change). With the nil-rate band held at £325,000 until the end of the 2030-31 tax year (5 April 2031) (gov.uk, as at July 2026, subject to change), more estates can be drawn into the net over time as values rise.

Higher-value estates do not cause disputes on their own, but they raise the stakes when disagreement does arise. That is the clearest measurable upward pressure in the official data, and it is why some families choose to take advice on drafting earlier.

Year on year

+13%

The rise in the number of estates paying inheritance tax between 2021–22 and 2022–23, from 27,800 to 31,500 (HMRC, 2022 to 2023, as at July 2026, subject to change). Rising values raise the stakes in any contested estate.

What is behind the pressure on disputes

Several long-running changes plausibly increase the room for inheritance disputes, though none can be tied to a published count of contested wills. The measurable ones point to larger and more complex estates: more estates paying inheritance tax, a frozen tax-free band, and property values that push ordinary homes toward the thresholds. These are drivers of risk rather than proof of more claims.

The court figures most often quoted as evidence of a surge need care. Chancery Division proceedings in the High Court, whose Property, Trusts and Probate List handles contentious probate, rose 15% to 16,772 in 2025 from 14,561 in 2024, with 3,371 claims issued and other originating proceedings that year (MoJ, Civil Justice Statistics Quarterly, 2025 annual data, as at July 2026, subject to change). That rise was driven mainly by Companies Court work, which increased 21% to 12,052, rather than by inheritance claims (MoJ, CJSQ, 2025, as at July 2026, subject to change). So the headline Chancery increase is not, on its own, evidence that more wills are being challenged.

Rising estate values change the stakes of a dispute. They do not, by themselves, tell you that more disputes are happening.

Meanwhile the volumes that feed the system fell. Around 568,613 deaths were registered in England and Wales in 2024, down 2.2% on 2023 (ONS, Death registration summary statistics, 2024, as at July 2026, subject to change), and the courts issued 239,091 probate grants in 2025, down 10% on 2024 (MoJ, Family Court Statistics Quarterly, Oct to Dec 2025, as at July 2026, subject to change). A rising share of disputes would therefore have to sit within a slightly smaller pool of estates, which makes a simple "everything is going up" reading harder to sustain. Practitioners also report, from freedom-of-information responses, that applications to enter a caveat have been rising, but caveat volumes are not published as an official national series, so that trend cannot be verified here and is noted only as a secondary observation.

What the numbers mean

Read carefully, the data supports a cautious claim: the conditions for disputes are intensifying even where the count of disputes cannot be seen. Estate values and the tax net are rising, which raises what is at stake, while deaths and probate grants have edged down. The often-quoted court increase reflects company and insolvency work, not will challenges, so it should not be read as a probate surge.

In our experience, a clearly drafted will, kept up to date and properly witnessed, tends to reduce the room for later argument, though it cannot guarantee that no dispute will arise. Where an estate is larger or a family is blended, many people choose to discuss the drafting with a qualified professional before finalising anything. The honest conclusion is that "rising" is plausible on the drivers but not provable from any single official count, and readers are better served by that nuance than by a headline percentage. Many people find it useful to read our guide on How to Write a Will alongside the wider estate planning guide.

Scotland and Northern Ireland

The figures above describe England and Wales, and the other UK nations differ. Scotland has its own succession law, including legal rights that can entitle a spouse and children to a fixed share of the moveable estate, which changes the shape of many disputes, and it uses confirmation rather than a grant of probate. Northern Ireland runs a separate but broadly similar system to England and Wales. The court, probate and tax statistics cited here are collected on a basis that does not read across cleanly to Scotland or Northern Ireland.

Sources and methodology

This piece uses only named official statistics, each verified against its source publication. No figure has been estimated, rounded beyond the source, or extrapolated. Where a direct count of contested wills or caveats does not exist as a published series, the article says so rather than substituting a private estimate. Reference periods and links are listed below.

All figures as at July 2026 and subject to change. Caveat application volumes are not published as an official national series and are referenced only qualitatively as a secondary practitioner observation.

Frequently asked questions

Are will disputes actually rising in the UK?

The official data cannot confirm it either way, because no published series counts contested wills. What can be measured is rising pressure: the number of estates paying inheritance tax rose 13% to 31,500 in 2022–23 (HMRC, 2022 to 2023, as at July 2026, subject to change). Higher stakes may make disputes more likely, but that is a driver, not a count.

Doesn't the rise in High Court cases prove disputes are increasing?

Not on its own. Chancery Division proceedings rose 15% to 16,772 in 2025, but that increase was driven mainly by Companies Court work, up 21% to 12,052, rather than by inheritance claims (MoJ, CJSQ, 2025, as at July 2026, subject to change). The list handles contested wills alongside company and insolvency matters, so the headline figure is not a probate count.

Why is there no official count of contested wills?

The courts publish activity by type of list, not by cause of claim, and most inheritance disagreements settle privately or are paused at the probate stage by a caveat before any hearing. A caveat lasts 6 months and can be extended for a further 6 months (gov.uk, stopping a probate application, as at July 2026, subject to change). Because settlements are not recorded centrally, no national dispute total exists.

Could rising estate values make disputes more likely?

They may raise the stakes rather than the frequency. With the nil-rate band frozen at £325,000 to the end of the 2029–30 tax year (gov.uk, as at July 2026, subject to change) and values generally rising, more estates can carry a tax charge and larger sums are at issue when disagreement arises. Higher stakes can make parties less willing to compromise, depending on the circumstances.

Does a clear will stop a dispute?

It cannot guarantee that no dispute will arise, but a valid, up-to-date will that is properly witnessed generally reduces the room for argument about a person's wishes. Where families are blended or estates are larger, many people choose to discuss the drafting with a qualified professional. Our guide on How to Write a Will sets out the basics.

Do these figures apply to Scotland and Northern Ireland?

No. The tax, probate and court statistics quoted here are collected on an England and Wales basis, except UK-wide inheritance tax data. Scotland has its own succession law, including legal rights to a fixed share for a spouse and children, and uses confirmation rather than probate. Northern Ireland has a separate but broadly similar system. Anyone with an estate touching more than one UK nation may find it worth taking advice in each.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

Plan ahead with a clear, current will

A valid, up-to-date will is one way to reduce the room for later argument.

Book a Free Consultation