Rising Probate Backlogs: Could Delays Increase the Risk of Contentious Probate Disputes?

Probate delays do more than slow down estate administration. They can also increase uncertainty, frustration and, in some cases, the risk of contentious probate disputes.

Recent figures suggest that around 3,500 additional probate applications have entered the probate system during 2026. While HM Courts & Tribunals Service has improved processing times, growing backlogs mean many families may still face delays before estates can be finalised.

For families already navigating the loss of a loved one, waiting for progress can be difficult. In some cases, it can also increase the risk of contentious probate claims and wider estate disputes.

Why can delays lead to disagreements?

The longer an estate remains unresolved, the more questions people may have and the greater the scope for contentious probate issues to emerge.

Beneficiaries may become concerned about a lack of progress. Family members may disagree about how an estate is being managed. Executors may face increasing pressure to provide updates and explanations. Where relationships are already strained, delays can make matters worse.

While probate backlogs do not cause disputes, they can create circumstances in which existing tensions become more visible and contentious probate claims are more likely to arise.

Common areas of dispute

We often see disagreements arise in relation to:

• Concerns about the validity of a Will

• Allegations of undue influence

• Questions about a person's mental capacity when a Will was made

• Disputes involving executors and estate administration

• Claims by individuals who believe they have not been adequately provided for

In many cases, uncertainty and lack of communication can contribute to the problem.

What should executors do?

Executors have legal responsibilities to administer estates properly and keep beneficiaries reasonably informed. Clear communication can often help manage expectations during periods of delay.

Keeping accurate records and seeking advice when concerns arise can also help reduce the risk of disputes developing further.

What should beneficiaries do?

If you have concerns about the administration of an estate, it is important to understand your legal position before taking action.

Not every delay indicates wrongdoing. However, where there are genuine concerns about the validity of a will, the conduct of an executor or the administration of an estate, obtaining specialist advice at an early stage can help you understand the options available.

Probate delays do not automatically lead to disputes. However, prolonged uncertainty can increase tensions and create opportunities for disagreements to emerge.

Taking advice early and addressing concerns promptly can often help prevent matters escalating and protect the interests of everyone involved.

How Forbes Solicitors Can Help

Our specialist Contentious Probate team advises clients on a wide range of inheritance disputes, including claims under the Inheritance Act 1975, adult child claims, and cases involving disabled dependants or vulnerable beneficiaries.

If you believe you have been unfairly excluded from a Will, we can help you assess your options and the strength of any potential claim. For more information or to arrange a consultation call 0800 689 3607 to speak with a member of our team.