Contesting a Will After Probate
Discovering concerns about a will after probate has already been granted can feel overwhelming, particularly while you are still dealing with loss. You may be unsure whether anything can be done, or worried that it is already too late.
Our Wills and Probate team advises individuals across Essex on contesting a will after probate, helping you understand your position clearly and take proportionate steps where appropriate.
Are you concerned about a will after probate?
It is not uncommon for questions to arise once probate has been granted and the estate administration is underway. In some cases, issues only become apparent when assets are identified or distributions begin.
While the process can feel daunting, there may still be options available depending on the circumstances and timing. Early, measured advice can make a significant difference.
You have discovered new information about the will after probate has already been granted.
The will does not reflect what you believe the deceased intended, or appears to exclude someone unexpectedly.
You have concerns about capacity, undue influence, or whether the will was properly executed.
You are worried about how the estate is being handled following the grant of probate.
You are unsure how long you have to act, or whether distributions can still be challenged.
Contesting a Will After Probate Services
We tailor our advice to your circumstances, focusing on clarity and early resolution wherever possible.
Reviewing the will, probate position, and available evidence to assess prospects realistically.
Advising on legal steps to safeguard money, property and financial assets, including urgent action where there is a risk of further loss.
Guidance on financial provision claims where reasonable provision has not been made.
Addressing concerns about how executors are administering the estate post-probate.
Seeking early settlement where appropriate to avoid unnecessary escalation.
Can You Contest a Will After Probate?
Contesting a Will after the Grant of Probate has been obtained can be complex.
A Grant of Probate is the legal document which provides authority for the persons applying, generally an Executor or Administrator, to manage the estate of a deceased person.
It is possible to contest the validity of a Will at any time, following death. The most used reasons for someone to contest the validity of a Will can include concerns that the Will has been signed by a testator without holding testamentary capacity, that the testator has been coerced or unduly influenced as to the contents of their Will and that a Will has not in the correct format or signed or witnessed incorrectly.
Alternatively, if a new Will is found after the estate has been distributed to the original beneficiaries, then the beneficiaries under the newer Will can attempt to recover their entitlements from the personal representative who distributed an estate incorrectly.
The persons who took out the original grant of probate or, if different, the executors named in the later Will, can revoke the grant of probate. At the same time, an application should also be made to take out a new grant in favour of the personal representatives to the later Will.
Grounds for Contesting a Will After Probate
Grounds for challenge a Will after the Grant of Probate is sealed include that:
- That the Will is not in the proper form – Wills are strictly required to meet the provisions set out in Section 9 Wills Act. Common claims include that a Will has been signed or witnessed incorrectly.
- The person who made the Will was not of sound mind at the time – they did not have testamentary capacity to make a Will
- The person did not understand, know or approve the contents of the Will
- The Will was made as a result of undue influence or coercion from a third party
- The Will was forged or is fraudulent
There are strict rules are governing the signature of Wills. It is not uncommon for the person making the Will, and their witnesses, to get this wrong. Where a professionally drafted Will is invalid as a result of drafting errors we can advise on bringing claims for professional negligence against solicitors or Will writers.
Testamentary capacity is the legal term used to describe a person’s legal and mental ability to make or alter a valid Will. If the person making the Will (testator) lacks testamentary capacity at the time the Will is executed, the Will can be declared invalid.
If a Will has been forged or is the result of fraud, it will be invalid.
Undue Influence can be argued to have occurred when a person coerces someone a testator into changing their Will, often to directly or indirectly benefit themselves.
Rectification allows for the correction of Wills in cases of clerical errors or a failure to understand the testator’s instructions.
Often solicitors become involved in contested Wills because of problems with executors. This can involve an executor misappropriating estate assets, failing to give effect to the terms of the Will, or refusing to take action to administer the estate altogether.
How to contest a will after probate has been granted?
Resolving the Dispute
Once the Grant of Probate has been issued, the longer the delay in bringing a claim the more likely it is that the executors will have distributed the deceased’s assets to the beneficiaries. It may be possible to recover the assets from the beneficiaries, but there is a risk that they will have been spent or sold.
There are different limits on how long you have to make a challenge depending on the basis of your claim:
- Rectification claims: 6 months from the date of grant
- Beneficiary making a claim against the Will: 12 years from date of death
- Fraud/claiming against an executor for appropriating estate assets: No time limit applies
- Inheritance Act claim (financial provision): 6 months from the date of grant of probate
Some of the above claims will need to be made very quickly following the grant of probate. It is advisable to act as quickly as possible because as time passes, it can become increasingly difficult to trace assets.
It is preferable that any claim be brought before probate has been granted to avoid the risk of any of the estate assets being distributed. This is often achieved by entering a caveat at the Probate Registry to prevent the grant being issued for a period of six months
If you do not consider that the Will makes reasonable financial provision for you, you may be able to make a claim under the Inheritance (Provision for Family and Dependents) Act 1975. Such claims must be brought within 6 months of the date of Grant of Probate and letters of Administration. It can be possible to agree a standstill agreement to either extend or freeze this timeframe.
Process of Contesting a Will After Probate
There are strict times limits and rules around disputing a Will so make sure you seek legal advice from a specialist. It can also be a very emotional and stressful process.
Resolving the Dispute
Often, inheritance disputes, contested Wills and contentious probate claims can be settled at mediation, or via another method of alternative dispute resolution. Mediation is a voluntary process, which involves all parties (sitting together or separately) to meet with a mediator, whose role as a neutral third party is to narrow any points of issue between parties and find any common ground. The mediator will then assist parties in reaching settlement. Mediation is often successful and presents parties with a far swifter and cheaper method of amicably settling a dispute.
Why choose Mullis & Peake
Contesting a will is rarely just a legal issue. It often involves family relationships, strong emotions, and difficult decisions. Our role is to guide you through the process with clarity and care, helping you understand your options and make informed choices at every stage.
We explain complex legal issues in plain English, taking the time to ensure you feel informed and supported.
Our solicitors have extensive experience handling contested will and inheritance disputes, including claims brought after probate has been granted.
We focus on proportionality, helping you weigh the potential outcomes, costs, and risks before taking action.
We are a well-established firm advising families across Essex, with a reputation for thoughtful, reliable advice.
Frequently asked questions
Not necessarily. Some claims can still be brought after probate, depending on the circumstances.
Common grounds include lack of capacity, undue influence, improper execution, or lack of reasonable provision.
Yes. Time limits vary depending on the type of claim, so early advice is important.
In some cases, steps can be taken to protect estate assets while a dispute is considered.
No. Many disputes are resolved through negotiation or mediation.
Get in touch with our Contesting a Will After Probate team
If you have concerns about a will after probate has been granted, our team can help you understand your options and next steps with clarity and care.
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