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Probate disputes soar 37% as expert warns against estate planning ‘delay’

October 25, 2025
in Retirement
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Probate disputes soar 37% as expert warns against estate planning 'delay'



One in three UK adults (18.4m) are now financially dependent on a future inheritance, with five million admitting they will fall into debt without it, new research has revealed.

However, a rise in probate disputes and a failure to plan for complex intestacy rules mean many risk seeing their assets divided against their wishes, an inheritance expert has warned.

The report from probate lenders Level Group, published ahead of National Estate Planning Week (20 October), found that over half of UK adults (54%, or 29m people) expect to receive an inheritance in the next 20 years.

Of those depending on a windfall, 27% (equivalent to 5m people) said they would go into debt without it, while others rely on it for crucial expenses like clearing mortgages.

George Williamson, CEO of Level Group, said the findings highlighted an “absolutely essential” need for planning, warning that many people delay until it is “too late.”

“It is a topic that many put off,” Williamson commented. “But delaying estate planning can come at a high cost… leading to probate, family disputes, confusion and assets being divided by law and not the wishes of those who pass.”

Williamson highlighted that dying intestate (without a Will) means assets are automatically divided by a “strict hierarchical classification.”

Under these rules, unmarried partners, stepchildren, and close friends are not entitled to inherit anything, regardless of the closeness of the relationship or the deceased’s verbal intentions.

The warning comes as the sector braces for significant changes to inheritance tax, which are expected to bring more estates into the tax net. The expert pointed to forthcoming reforms, such as pensions potentially becoming taxable under IHT from April 2027, as a key reason for clients to seek professional advice.

IHT receipts for April-September rise to £4.4bn

“Forward planning can preserve wealth for your loved ones and reduce the burden of Inheritance Tax, including sums left to charity, putting the money into trusts or making a lifetime gift,” Williamson added.

The report also shows a growing trend of family conflict. Level Group’s study found nearly four in ten (38%) adults are willing to dispute a Will—including going to court—if their share is not what they expected.

This is supported by exclusive figures from the Ministry of Justice (MoJ), which show probate disputes ending in court have risen by 37% in the last decade (2014 vs 2023).

Furthermore, MoJ data indicates that the number of probate cases taking longer than one year to settle has surged by 518% between 2019 and 2024, suggesting administrative delays are compounding the stress on families.

Williamson argued this combination of financial dependency and a lack of planning will only see disputes “continue the upwards trend.”

He concluded: “Use National Estate Planning Week to take charge of the future, make sure you have a Will in place, put plans in place to maximise your inheritance and give yourself peace of mind that your family and assets are protected.”

Editorial Team

Editorial Team

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