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Contesting A Will After Probate

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A Man Thinking of Contesting a Wills and probate

When a person dies, their estate (property, possessions, and money) needs to be dealt with in accordance with their wishes as set out in their will.

The first step in settling and distributing someone’s estate is to obtain a Grant of Probate. This is a legal document which gives the executor(s) of the will the authority to deal with the deceased person’s assets. The Grant of Probate is obtained from the Probate Registry, and you can find more information about how to do this on the GOV.UK website or through our Solicitors.

How Probate Works

Once the Grant of Probate has been obtained, the executor can start to administer the estate in accordance with the will. However, there may be occasions when someone wants to contest the will because they feel they have been left out unfairly, or because they believe the will is not valid. If you want to contest a will after probate, you will need a legally valid objection, and there are certain time limits and procedures you need to be aware of.

Reasons For Contesting A Will

There are various reasons why someone might want to contest a will after probate, including:

1) You believe the will is invalid because:

The Testator did not have the necessary mental capacity to make a will – e.g., they were suffering from dementia at the time.
The Testator was unduly influenced or coerced by others to skew the terms of the will in their interest.
The will is inauthentic – e.g., it has been forged or not genuinely attested by the deceased.
The will is invalid due to not being legally executed and signed in front of two witnesses.

2) You accept the validity of the will but believe you have been excluded from the provision to which you are entitled – e.g., due to being a close relative or dependent (e.g., spouse, partner, child).

3) You believe that the executor or trustees of the will have mismanaged the estate – e.g., he or she has failed to distribute money under the terms of the will or is guilty of misconduct or dishonesty in handling the estate.

The Time Limits For Contesting A Will After Probate.

There are legal time limits in place for contesting a will once the Grant of Probate has been assigned, and if you do not act quickly, you may lose your right to do so.

In England and Wales, you must start proceedings within 6 months of the Grant of Probate if you believe you are entitled to financial provision from the will.
In cases of alleged misconduct or poor estate management after the estate is settled, claims must be raised within 6 years of the Grant of Probate.

The Process Of Contesting A Will

The best time to contest a will is before the Grant of Probate is issued. To do so, you will normally wish to submit a Caveat to the Probate Registry, which will prevent the Grant of Probate from being issued.

If you want to contest a will after probate has been granted, you should seek legal advice as soon as possible. There are two options available – either negotiation or litigation.

Negotiation is often the quickest and cheapest way to resolve an inheritance dispute by creating mutual agreement and understanding between all parties involved. However, if you cannot come to an agreement or feel you are still entitled to provision from the will, the case will need to go to court, and your solicitor will help you to gather evidence and prepare your case. You will then need to issue formal proceedings and the matter will be decided by a judge.

Wills And Probate Support From Astle Paterson

If you have any questions about wills and probate or would like advice about disputing a will after probate has been granted, please contact our private client team in confidence today by calling 01283 531366.