Can you contest a will after probate?
Ideally, if you are planning on disputing a will, you should do so before probate has been granted. Once a grant of probate is granted and assets are distributed, it becomes more difficult to reassess everything.
Before probate, your solicitor can enter a caveat at the Probate Registry to put a hold on probate. This can give you time to decide whether you have grounds to dispute the will.
However, what if you cannot do that? You may not know what is in the will until probate has already begun.
In the UK, it may still be possible to contest a will after probate. While there are time limits, the options available will depend on the grounds for the claim and the stage the estate administration has reached.
How do you contest a will?
Contact a solicitor as soon as possible
Explain that you want to dispute a will and set out your grounds for contesting it. Make clear that probate has already been granted. Your solicitor will be able to advise on how likely your claim is to succeed. Even if a grant of representation has been issued and probate has begun, it may still be possible to contest the will if the assets have not yet been distributed.
Enter a notice
After probate has been granted, you may be able to send a letter of claim or a threat of proceedings. This will often halt the distribution of the estate until the dispute has been resolved.
Enter an injunction
You can also ask the court for an injunction to stop the assets from being distributed, depending on the circumstances. In some cases, it may still be possible to try to recover assets that have already been distributed.
Manage your documents
Try to gather as much supporting paperwork as possible. If probate has been granted, you should be able to access the will and see how the estate is being distributed. Documents that support your claim will help your solicitor deal with your case more efficiently.
What are the grounds for contesting a will?
No two will disputes are the same, because every will and every estate is different. Whether the deceased was a family member or a friend, there are several possible grounds for bringing a claim:
- Lack of testamentary capacity. The deceased may have been suffering from a condition that affected their ability to understand and make a valid will.
- Undue influence. The testator may have been pressured into making the will in a particular way against their wishes.
- Lack of valid execution. If the will was not signed and witnessed correctly, it may be invalid, and the estate may instead have to be dealt with under the rules of intestacy.
- Lack of knowledge and approval. The person who made the will may not have properly understood or approved its contents, perhaps because of poor eyesight, hearing difficulties, or other communication barriers.
- Fraud or forgery. If you believe the will was created fraudulently or forged, you may be able to dispute it, even if you only have strong suspicions at the outset.
What proof do you need to contest a will?
To dispute a will, evidence will usually be needed. For example, if you believe the deceased lacked mental capacity, medical records may help support that argument. If you claim there was undue influence, the burden of proof will also generally rest with you.
In many cases, fraud is accompanied by other grounds for disputing a will, such as lack of capacity or lack of knowledge and approval.
How long after probate can a will be challenged?
The time limit for challenging a will after probate depends on the type of claim you are making. In some cases, there may be a six-month limit from the date of the grant of probate, but different claims can have different deadlines.
The sooner you raise your concerns, the better. Acting quickly can improve your chances of protecting estate assets and presenting a stronger case.
What is the success rate for contesting a will?
In England and Wales, the chances of successfully contesting a will depend entirely on the circumstances of the case. There must be valid legal grounds and enough evidence to support the claim. A specialist solicitor can help assess the strength of your case and explain what preparation may be needed before court proceedings are considered.
It is relatively uncommon for will disputes to go all the way to trial, as many claims are resolved through negotiation or settlement before reaching court.
How much does it cost to contest a will in the UK?
Legal costs for contesting a will can vary significantly depending on whether the case settles early or proceeds to court. If the issue is resolved quickly, costs will generally be much lower than in a fully contested court case.
If the dispute goes to court, costs can rise substantially. The overall amount will depend on the complexity of the case, how long it runs, and the steps needed to resolve it.
Who pays the legal costs will depend on the outcome and the court’s decision. Usually, the person bringing the claim will incur costs at the outset, although the losing party may ultimately be ordered to pay some or all of the other side’s costs.
Should I talk to a solicitor when contesting a will?
Contesting a will can be difficult and emotionally draining, especially after the death of a loved one. Unexpected terms in a will can add to the stress and make disputes even more sensitive.
Speaking to an experienced solicitor can save time and money in the long run. A solicitor can explain the likely timescale, the steps involved, and the strength of your case after probate has been granted.
If you are looking to dispute a will, seek legal advice as soon as possible. With The Law Superstore, you can compare quotes and find the right solicitor for you at the right price.