Will disputes are rising sharply, reflecting changing family dynamics and increasing estate values. More blended families and complex personal relationships are creating greater potential for conflict, particularly where wills are outdated or unclear. At the same time, property values have increased significantly, meaning estates are often worth more and therefore may be more likely to be contested. Recent figures show a substantial rise in probate disputes, with applications to block probate climbing dramatically in recent years.

An ageing population is also contributing to the trend. As more people live longer, concerns around capacity and decision-making are becoming more common. The growing number of dementia diagnoses adds another layer of complexity, often leading to disputes over whether a Will truly reflects a person’s intentions.

Against this backdrop, the legal framework governing wills is under review. The current legislation, introduced in the 19th century, has long provided certainty through strict formal requirements. However, critics argue that its rigidity can prevent genuine intentions from being recognised if technical rules are not followed.

Proposed reforms aim to modernise the system while maintaining safeguards. A key development is the introduction of judicial discretion to recognise documents that clearly express testamentary intention, even if they do not meet formal requirements. This could include digital communications or informal records, provided sufficient evidence exists.

While such changes may simplify will-making and reduce technical disputes, they also raise questions about reliability and potential misuse. Ultimately, modernisation seeks to strike a balance between certainty, accessibility, and fairness in an evolving social landscape.