Guide to contest a will after probate in the UK

Losing a loved one is already a deeply challenging experience, and when doubts or sense of injustice arise from the content of a will, the situation can become even more complicated. You may begin to question whether the will is valid, even after probate has been granted,. The good news is that contesting a will after probate is indeed possible, but it requires strong legal grounds, clear evidence, and the guidance of a solicitor experienced in contentious probate.

Don’t let uncertainty overwhelm you.Keep reading to understand your options,  protect your rights, and make informed decisions.

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What is a grant of probate?

A grant of probate is the legal process by which a will is officially validated by the court, which is typically the Probate Registry in England and Wales. While often considered a formality, it is a crucial step that authorises the executor to administer the estate and distribute assets according to the will.. Once probate is granted, the will becomes legally enforceable.

However, even at this stage, some individuals may feel they have legitimate grounds to contest a will after probate. These challenges usually relate to the validity of the will or concerns about how it was prepared, such as undue influence or lack of capacity.

What are the grounds for contesting a will after probate?

Contesting a will after probate can be considered for several legal reasons, often relating to how the will was created or influenced. These may include formal errors, external pressure, or questions of the testator’s capacity. Below are some of the most common grounds for challenging a will after probate is granted:

• Undue influence or pressure: If the will was made under undue influence, meaning the testator was pressured or manipulated into making decisions they wouldn’t have otherwise made, it may be possible to contest probate.. This type of contentious probate claim often arises when a dominant individual benefits suspiciously and significantly.
• Lack of mental capacity: The testator must have understood the nature and effect of the the will at the time it was made. If they were suffering from a condition like dementia or a serious mental illness, and lacked capacity to make informed decisions, the will may be invalid. In such cases, contesting a will after probate will involve medical and legal analysis to support the claim.
• Fraud or forgery: If the will is suspected to be forged or fraudulent,  such as faked signatures or manipulated clauses, it can be contested afted probate,. These are serious allegations that require strong evidence, often through expert testimony or forensic document analysis.
• Failure to meet legal formalities: Under UK law, a valid will will must follow strict legal requirements.  If these formalities were not followed, the will may be invalid, and the grant of probate can be challenged on that basis.

How to contest a will after grant of probate in the UK?

Wondering “can you contest a will after probate?”  The answer is yes, but a specific legal process must be followed. Below are the key steps involved in how to contest probate UK:

• Check the time limits: Under UK law, most claims must be filed within six months of the grant of probate. Other types of challenges, such as fraud or forgery, may allow for longer periods in exceptional cases. If you miss the deadline, your ability to pursue contentious probate may be lost.
• Gather supporting evidence: To build a strong case, it’s crucial to collect solid, well-documented evidence. This could include witness statements, medical records (for claims involving lack ofcapacity), or written proof of undue influence or fraud. These elements should be gathered with the help of a solicitor with expertise in contesting probate
• File a formal claim with the Probate Registry: Once your evidence is prepared, your solicitor will help you file a formal claim with the Probate Registry. This marks the official start of the contentious probate process. The court will assess your claim and determine whether the will should be upheld or set aside based on the legal grounds and evidence presented.

FAQs

How long do I have to contest a will after probate in the UK?

The time limit for contesting a will is generally six months from the grant of probate. Missing this deadline makes it much harder to proceed, unless there are exceptional circumstances.

How long do you have to contest a will?

Generally, you must contest a will within six months of the grant of probate. In rare cases, this may be extended, but it’s critical to act quickly and seek legal advice.

Can I contest a will if I am not named as a beneficiary?

Yes, if you can prove that the will violates your legal rights or does not reflect the testator’s true intentions, you may have grounds to contest probate even if you are not named in the will.

How do I know if I have legitimate grounds to contest a will after probate?

You should speak to a solicitor who specialises in wills and contentious probate.. They will review assess the will, the circumstances surrounding its creation, and advice whether you have a valid claim under UK law.

What happens if I contest a will after probate?

Once a formal challenge is filed, the Probate Registry will examine the case. If the claim is upheld, the court may amend or revoke the will based on the evidence. This is handled under contentious probate proceedings.

Does contesting a will take a lot of time?

The contesting process can take several months or even years, depending on the complexity of the case. However, with a competent solicitor by your side, the process can be managed more efficiently.

What if no one contests the will?

If no objections are raised within the deadline, the estate is administered under non-contentious probate rules, and the will is considered valid and enforceable.

Don’t let doubt and uncertainty weigh you down. If you believe you have valid reasons to contest a will after probate, it’s important to act quickly and speak with a solicitor specialising in wills, trusts and contentious probate. With the right legal support, you can protect your rights and navigate this difficult process with confidence.

KEY TAKEAWAYS

• It is possible to contest a will after probate, but it requires solid grounds such as undue influence, lack of mental capacity =, or fraud.
• As a rule, you have six months from the grant of probate to make a claim. Delays may limit your legal options.
• Working with a solicitor who specialises in wills, trusts, and contentious probate is essential. They’ll help protect your rights, build your case, and ensure all legal deadlines are met.