Can the validity of a Will be challenged after probate has been granted?
A Grant of Probate confirms the authority of the Executors named in the Will to administer the estate, however, it does not prevent a challenge to the validity of a Will being brought.
A Will can be challenged following the sealing of the Grant of Probate where one has concerns. Common grounds of contest include that the person making the Will (the Testator) held a lack of testamentary capacity at the time that the Will was made, that undue influence was placed on Testator which affected the terms of their Will, that the Testator did not know or approve of the contents of their Will, fraud or a lack of compliance with the legal formalities required by the Wills Act 1837.
Whilst there is no time limit, this does not mean that timing is not important. If a challenge to the validity of a Will is delayed, its Executors may have already taken steps to distribute any assets of the Testator, making it more difficult to trace and recover such in the event of a successful challenge.
In the cases of some lower value estates where there are not large sums in bank accounts, or when there is not a property to sell, it may not be necessary for a Grant of Probate to be obtained at all and hence distributions to beneficiaries may have already taken place by the time that a challenge is brought.
Different rules apply to claims for financial provision from an Estate under the Inheritance (Provision for Family and Dependants) Act 1975. These claims must be brought within six months of the date that the Grant of Probate was issued. In some circumstances, the Court may be willing to authorise claims brought out of time.
If concerns arise as to the validity of a Will urgent advice should be taken as in some cases steps can be taken to prevent any further distributions of assets until such time as investigations as to the validity of the Will can occur.
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