The STEP Barometer 2026 (the Barometer) offers a timely snapshot of developments in trusts and estates practice, with one theme standing out clearly: the continued rise in contentious probate work. Disputes are becoming more frequent, more complex and often more emotionally charged.
The report presents compelling evidence of a growing volume of disputes across jurisdictions, based on practitioner experience, which points to a sustained upward trend in probate litigation.
A growing volume of disputes
The Barometer explicitly confirms that disputes are increasing across the sector, reflecting broader changes in family dynamics and client behaviour.
Practitioner feedback highlights the breadth of this trend:
- 41% have seen an increase in disputes involving blended or modern families.
- 29% report more disputes linked to incapacity.
- 34% have encountered disputes arising from poor will drafting.
These figures demonstrate that contentious probate work is not confined to one category, but spans family conflict, capacity challenges and defective testamentary documents.
While caveat data is not specifically addressed, the underlying drivers – such as disputes over capacity, undue influence and contested wills – strongly suggest a corresponding rise in pre-litigation activity. This is reinforced by the finding that 65% of practitioners have seen more clients creating or revisiting estate plans, activity which typically generates both disputes and protective measures such as caveats.
Similarly, although the report does not quantify court filings, it links poor drafting to litigation in 29% of cases and notes that disputes are increasingly escalating to the point where legal intervention is required. This is consistent with an expanding litigation burden in practice.
Why are probate disputes increasing?
The report identifies a combination of interconnected factors driving this rise.
Increased wealth transfer is a central theme. With 77% of practitioners observing the “Great Wealth Transfer”, there is simply more at stake. Higher value estates increase both the likelihood of disputes and the incentive to pursue them.
Changing family structures are another key driver. Blended families, second marriages and cohabitation arrangements create competing expectations:
- 71% of practitioners identify blended families as most likely to generate disputes.
- 68% report conflict between children or stepchildren and surviving spouses.
These tensions frequently crystallise into disputes on death.
Closely linked is the impact of divorce and second families, where competing claims arise between current spouses, former spouses and children from different relationships. These scenarios commonly underpin claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Capacity issues and dementia are also increasingly significant. An ageing population is driving more disputes over testamentary capacity:
- 40% report increased demand for capacity-related planning.
- 29% have seen more incapacity-related disputes.
This creates greater scope for challenges to will validity, as well as allegations of undue influence and financial abuse.
The Barometer also highlights a rise in financial abuse, with 44% of practitioners encountering suspected or actual cases, most commonly involving adult children. These situations frequently lead to disputes over lifetime transactions and estate planning decisions.
A further major contributor is the prevalence of poorly drafted or DIY wills:
- 47% of practitioners have seen errors in wills prepared by unqualified individuals.
- 15% have encountered errors in AI-generated wills.
Such defects often result in invalidity, unintended outcomes and, ultimately, litigation.
Finally, the report notes both the legacy of Covid-era wills – many prepared hastily without proper safeguards – and greater public awareness of legal rights. While increased awareness can be positive, 37% of practitioners report encountering misinformation, which can encourage disputes to be pursued more readily.
Conclusion
The STEP Barometer 2026 confirms a clear and continuing rise in probate disputes. While precise litigation data is absent, the underlying evidence points to a sustained increase in contentious work.
This reflects a convergence of factors: increased wealth transfer, more complex family structures, rising capacity issues, widespread use of poorly drafted wills and greater awareness of potential claims.
For practitioners, the implication is clear. Contentious probate work will remain a growing and increasingly complex area, requiring not only legal expertise but careful management of the human dynamics at the heart of these disputes.
