Contesting A Will After Probate

Contesting a Will can be a complicated process, and contesting a Will after probate presents yet more challenges. However, there is nothing to prevent you from contesting a Will after probate, provided you do so within the time limit applicable to your claim.

We are a well-established firm of solicitors with offices throughout Norfolk and North Suffolk. We have an outstanding reputation for our work in inheritance disputes and regularly achieve favourable outcomes on behalf of our clients.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

“Very informative and clear. The Solicitor fully understood out requirements. Everything was completed to our satisafction in a suitable timeframe. The service and the delivery of the service was exemplary. First class from all concerned. It was apparent from the first meeting that we had chosen well in approaching Simper Law. First class knowledge and customer care at all times. Very attentative, helpful and efficient.”

What Are The Grounds For Contesting A Will?

It’s important to understand the limitations when it comes to contesting a Will. Even if the terms of your loved one’s Will differ from what you had been led to believe they would be, appear strange, or come as a surprise, the Will is likely to still be valid unless you can prove that one of the grounds for contesting a Will applies.

The grounds for contesting a Will are as follows:

• Lack Of Testamentary Capacity.

To make a valid Will, the testator must have the requisite capacity. Briefly, this means that they:

Understand the nature of making a Will.
Understand the effects of their Will.
Understand the assets they are leaving in their Will.
Understand who their potential beneficiaries are.
Are not suffering from a mental illness that may affect their Will.

If you have reason to believe that your loved one lacked testamentary capacity when they made their Will, you may be able to contest it.

• Undue Influence.

To be valid, a Will must mirror the testator’s genuine intentions. If they were forced or coerced into making or changing their Will by someone else, it may be invalid.

For example, if your loved one suddenly changed their Will to benefit a particular individual and you suspect that individual may have coerced them into doing so, you should seek legal advice on whether your suspicions have merit and whether there is cause to contest the Will.

• Lack Of Knowledge And Approval.

Knowledge and approval relate to the fact that the testator must have been fully aware of what their Will contained and approved of its contents when they signed. Knowledge and approval are usually presumed in cases where the testator was of sound mind and had executed the Will in accordance with the relevant legal requirements.

However, if you suspect that your loved one was duped in some way into signing the Will, you may have grounds to contest it.

• Incorrect Execution.

A testator must execute their Will in accordance with the various formal legal requirements set out in the Wills Act 1837. They include that the testator signs the Will in the presence of two witnesses, and those witnesses also sign the Will.

If your loved one’s Will was not properly executed, it may be invalid.

• Forgery.

If you suspect the Will said to have been made by your loved one is, in fact, a forgery, you may be able to contest it. Given the seriousness of these types of allegations, you must produce compelling evidence of forgery for your claim to succeed.

Can A Will Be Contested After Probate?

Yes, contesting a Will after probate is possible. However, taking swift decisive action to seek legal advice is vital. Some challenges to a Will must be made within 6 months of the Grant of Probate being issued, after which time you lose your right to make a claim. Even claims that aren’t subject to a specific deadline, such as those involving allegations of forgery, stand a greater chance of success if you take timely legal action.

If you decide to contest a Will after probate but before the executors have begun distributing the estate among the beneficiaries, you can lodge a ‘caveat’ at the Probate Registry to protect your position. A caveat prevents the executors from making any distributions among the beneficiaries until your challenge has been resolved.

There may be instances in which you do not become aware of issues with the Will until a while after probate has been granted. In some cases, you may not become aware of a problem until the executors have administered the estate and the beneficiaries are already in possession of the assets bequeathed to them in the Will.

You are still entitled to contest a Will after the estate has been distributed, provided you have not missed any deadline applicable to your case. However, claims of this nature can be incredibly difficult, particularly if the beneficiaries have already disposed of the assets they received. Accordingly, seeking expert legal advice on the merits of contesting a Will after probate in your circumstances as soon as you become aware of a potential issue is essential.