Probate Problems? Why proactive estate planning matters more than ever

Published: 04/11/2025 By Oliver O'Brien

With more estates falling liable to Inheritance Tax and the average bill increasing it’s more important than ever to have a robust estate plan in place. A clear, legally sound plan helps ensure your wishes are carried out and your loved ones aren’t left with stress, uncertainty, or unexpected costs.

Why Probate is becoming a problem
The probate process,  the legal step of proving a will and administering an estate is often overlooked. However, new research from the Level Group highlights just how critical this stage has become:

• Over half of UK adults expect to receive an inheritance
• One in three are financially reliant on that future inheritance
• Five million say they would fall into debt without it
• 38% would be willing to dispute probate, even through the courts, if their share wasn’t as expected

According to the Ministry of Justice, probate disputes ending up in court have risen by 37% in the past decade, and cases taking over a year to resolve have increased by 518% since 2019.

The hidden costs of probate delays
When probate is delayed or disputed, families don’t just face emotional strain  there can be real financial consequences. Inheritance Tax remains payable within six months of death, after that, HMRC adds interest at 7.75%, plus potential fines until the bill is cleared. This can quickly add thousands to the cost of administering an estate.

How proactive estate planning helps
By planning early and involving your chosen beneficiaries, you can:

• Minimise the risk of disputes and misunderstandings
• Reduce inheritance tax liabilities through effective structuring
• Ensure your estate is passed on exactly as you intend
• Give your family peace of mind and financial stability

Clear communication and professional guidance are key. A proactive approach can protect your estate, reduce delays, and ensure your loved ones are supported when it matters most.

Speak to an Adviser
If you’d like to review your estate plan or discuss probate planning, our team of experienced advisers would be delighted to help. Speak to a TBA adviser today to make sure your estate is protected and passed on in line with your wishes.

Contact us on 020 8661 7878 or email advice@turpinba.co.uk