By Jamela Collins, Technical Underwriting Manager
Estimated reading time – 3 minutes 3 seconds
A steady rise in contentious trusts and probate disputes is being reported including claims under the Inheritance Act 1975 and more frequent challenges to the validity of wills.
These two factors combined with the increasing complexity of disputes, is reinforcing the importance of After the Event (ATE) insurance in protecting parties from the financial risks associated with litigation.
Shifting views on ATE insurance
ATE insurance was once seen primarily as a safeguard for claimants with limited financial means, but attitudes have changed. The unpredictability of contentious probate litigation means that a wider range of claimants, including those with substantial financial resources, now view ATE insurance as a prudent and necessary measure. It should be noted that the number of probate cases proceeding to trial is also on the increase.
Defendants, such as executors and trustees, are often backed by estate funds or well-funded legal teams, making the risk of adverse costs a serious consideration.
Trends in contentious probate litigation
Several factors have contributed to the increase in probate disputes:
- Rising estate values: Higher property prices and investment portfolios mean that estates are often worth more, making legal challenges more financially significant.
- Homemade and digital wills: A growing number of people are drafting wills without legal advice, leading to an increase in challenges based on undue influence, lack of capacity or procedural errors.
- Blended families: Disputes between second spouses and children from previous relationships remain a common cause of litigation, particularly where expectations around inheritance differ.
- Greater awareness of legal rights: More claimants are now aware of their ability to challenge a will under the 1975 Act and are willing to take legal action when they believe reasonable financial provision has not been made.
These factors have contributed to a more litigious environment, with the parties being more willing to pursue their rights. The availability of ATE insurance has played a role in allowing the parties to proceed without the same financial concerns that might have previously deterred them.
The role of ATE insurance in case strategy
A party with ATE cover is often in a stronger position, as it reduces the effectiveness of cost threats designed to discourage litigation.
With ADR now being imposed in many civil disputes – including any form of contested probate or inheritance dispute – it is expected that parties will attend session an ADR session. The vast majority of Inheritance Actions are suitable for a Mediation.
We will assist at the Mediation stage by being available on the Mediation Day to enable a deal to be brokered between the parties and will assist the policyholder in reaching a successful outcome if possible.
Whilst ATE are not recoverable in probate disputes, this means that the client must weigh the cost of the premium against the potential benefits of securing financial protection. We offer solutions considering proportionality including the adverse costs and value of the case.
It is to be noted that under a Temple ATE policy payment of the premium is deferred until the conclusion of the case and is contingent on a successful outcome.
Looking ahead
Solicitors advising on contentious probate claims should remain aware of the increasing use of ATE insurance and how it is shaping case strategies. As probate disputes continue to grow in volume and complexity, ATE insurance remains an important tool for parties seeking to manage financial risk.
For now, the key focus for solicitors remains ensuring that clients understand both the advantages and financial implications of ATE insurance when considering whether to pursue a claim.
If you have a particular case you’d like to discuss or are interested in ATE insurance for your firm’s wills and probate litigation team, please call 01483 577877 or send an email to
You may also want to read
- Contentious Probate: making a successful ‘1975 Act claim’. Are your dispositions reasonable?
- Case study of a contested probate claim we were involved in previously.
Jamela Collins
Technical Underwriting Manager
Jamela Collins
Jamela qualified as a Solicitor specialising in litigation. She has extensive experience specialising in commercial, construction, inheritance and insolvency claims. She has also worked at RSA as a Team Leader.
Jamela has joined the commercial team as a Senior Underwriter in 2023 and is very much looking forward to using her litigation and insurance experience to support Temple’s customers with market leading products and services.
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