Can my Will be challenged?

The data obtained by Taylor Rose under a freedom of information request from HM Courts & Tribunals Service, reveals that there were 11,362 applications to block probate in 2024, compared to 7,268 applications in 2019 – a 56% increase – and 6,358 in 2010 (+79%), the earliest year the figures were available on request. According to the analysis, Q4 2024 saw 3,061 applications to enter a caveat; the first time there have been over 3,000 applications in a single quarter

The firm itself says it has seen an increase in inheritance disputes it has advised on for its clients in the past two years adding there are multiple factors fuelling this rise, which it predicts will continue to escalate.

Ageing population and increase in mental capacity concerns

According to the ONS, by 2041, more than a quarter (26%) of the UK population is expected to be aged 65 and over, up from 18% in 2016. The number of people aged 85+ is projected to double between 2016 and 2041.

This is contributing to more people suffering from mental illness and more objections over the validity of wills and mental capacity at the time of signing. The latest NHS Primary Care dementia data shows that a record 500,677 patients had a recorded diagnosis of dementia on 31st May 2025 – a 9% increase in just two years.

Higher generational wealth of baby boomers

Higher levels of wealth amongst those in later life means the value of estates is often higher, and therefore more worth challenging for those who feel they have been overlooked. Older generations hold a disproportionate share of wealth, peaking in the 60–64 age group, with levels nine times higher than those aged 30–34.

With housing affordability having worsened over recent decades, older generations hold the majority of property wealth, with around two-thirds of those aged 65 or over owning a home, and today’s younger generations much less likely to own their own home than their predecessors.

Rightmove recently reported that the number of homes in the UK priced at £1m or above has doubled since the start of the pandemic, with over five per cent of homes for sale across the UK now priced at over a million pounds.

Increase in re-marriages for those over 60

While marriages and second marriages have been trending downwards for many years, analysis of ONS data shows that the number of remarriages amongst those aged 60 or over in England and Wales is on the up. In 2022, 11,612 previously married men aged 60+ got married, a 49% increase on ten years earlier and 157% increase on 20 years earlier. For women aged 60 or over, the increases were 74% and 299% respectively.

Second marriages and blended family structures add complexity into wills and significantly increase the likelihood of a will being challenged or the second spouse changing their will after the first spouse has died to favour their own children from a previous marriage rather than sharing equally with the children of their deceased spouse from a different relationship.