The death of a loved one is a difficult time, and the process of administering their estate can add to the stress. A key part of this process is obtaining a Grant of Probate, a legal document that confirms the authority of the executors to deal with the deceased’s assets. Many people believe that once this document has been issued, it is too late to challenge the will. This is a common misconception; while the process becomes more complex, it is still possible to contest a will after probate has been granted.
At Blackstone Solicitors, we have extensive experience in all aspects of contentious probate and regularly advise clients across England and Wales who have concerns about a will, even after probate has been issued. We understand the legal and emotional complexities involved and can provide expert guidance to help you understand your options.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of wills and probate, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
The Role of Probate
The Grant of Probate is the official legal authority that allows executors to administer the deceased’s estate. It is issued by the Probate Registry and, once granted, executors can begin the process of gathering assets, paying debts, and distributing the estate to the beneficiaries. For this reason, many people mistakenly believe that the grant of probate finalises the matter and makes the will unchallengeable.
In reality, the grant of probate simply confirms the will’s validity at that specific point in time. It does not prevent someone from later bringing a claim to challenge the will.
Grounds for Contesting a Will After Probate
Contesting a will after probate is often more difficult, but it is not impossible. The court will take into account the fact that probate has already been granted. Your ability to succeed will depend on the strength of your case and the grounds on which you are challenging the will. The main grounds for a post-probate challenge are the same as those for a pre-probate challenge:
- Lack of Testamentary Capacity: There is evidence to suggest that the deceased lacked the mental capacity to make the will at the time it was signed.
- Undue Influence: The deceased was coerced or pressured into making the will against their true wishes.
- Fraud or Forgery: The will is a fake or was created based on fraudulent information.
- Improper Execution: The will was not signed and witnessed correctly according to the strict legal formalities set out in the Wills Act 1837.
The Challenge of Time and Distributed Assets
A significant challenge in contesting a will after probate is the passage of time. The longer you wait, the more difficult it can be to gather evidence, as witnesses’ memories fade or they may no longer be available.
Another major hurdle is that the executors may have already distributed the estate to the beneficiaries. If your challenge is successful, the court may order the beneficiaries to repay the assets. This can be a complex and often costly process, especially if the beneficiaries have already spent the inheritance or if there are multiple beneficiaries. The court has a number of options available to it, but the longer the delay, the more likely the court is to be reluctant to disturb the existing situation.
Claims Under the Inheritance (Provision for Family and Dependants) Act 1975
An important distinction must be made for claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows certain people, such as a spouse, child, or dependant, to make a claim if they believe the will (or the intestacy rules) does not make reasonable financial provision for them.
Crucially, claims under this Act have a strict time limit of six months from the date of the Grant of Probate. While it is possible to apply to the court for an extension, this is only granted in exceptional circumstances. Therefore, if you believe you have a claim under the 1975 Act, it is imperative to seek legal advice as soon as possible after the death.
The Legal Process
The legal process for a post-probate challenge is similar to a pre-probate one, but with added layers of complexity.
- Seeking Legal Advice: The first and most important step is to consult a specialist solicitor. They will assess the merits of your case, advise you on the relevant time limits, and guide you through the process.
- Gathering Evidence: You and your solicitor will need to gather all the available evidence to support your claim. This may include witness statements, medical records, and other relevant documents.
- Negotiation: In many cases, a resolution can be reached through negotiation with the executors and beneficiaries, often with the assistance of a solicitor. This can be a more cost-effective and faster solution than litigation.
- Court Proceedings: If a settlement cannot be reached, it may be necessary to issue court proceedings. The court will then hear all the evidence and make a binding decision.
Blackstone Solicitors Can Help
Challenging a will after probate is a complex and highly sensitive process. The passage of time and the potential distribution of assets can make it a challenging legal battle. It requires expert legal knowledge and a strategic approach.
Our team at Blackstone Solicitors has extensive experience in handling all types of contentious probate matters. We can provide you with the guidance you need to understand your legal rights, assess the strength of your claim, and help you navigate the process.
If you have concerns about a will, even if probate has already been granted, please contact us for a confidential consultation.
How we can help
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of contesting a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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