Challenging a Will After Probate Is Granted

Many assume that once a grant of probate is issued, the contents of a will are final and unchallengeable. In reality, legal options may still exist to contest a will, even after probate has been granted. Such challenges are complex and time-sensitive, requiring careful legal scrutiny and strategic action.

At Blackstone Solicitors, we support clients who are seeking to contest a will post-probate, guiding them through evidential requirements and procedural steps across England and Wales.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“I found the service very friendly and efficient. They made the process very simple and straightforward.”

– Sandra Gilmour

Grounds for Challenging a Will

Common reasons for challenging a will after probate include:

Lack of testamentary capacity due to cognitive impairment (such as dementia)
Undue influence exerted by a caregiver or relative
Fraud or forgery, such as a falsified signature
Failure to comply with legal formalities, e.g. missing witnesses
Discovery of a later valid will

If any of these apply, the person contesting the will must provide compelling evidence to support their claim.

Legal Procedure and Time Limits

Once probate is granted, a challenge becomes procedurally more complex. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must generally be brought within six months of the grant. Other claims—such as those alleging undue influence or lack of capacity—may not be subject to strict time limits but can still be affected by delay, particularly if the estate has already been distributed.

Key steps include:

Assessing the grounds of challenge
Gathering medical records, witness statements, and solicitor notes
Applying to the court for revocation of the grant of probate
Possibly obtaining a freezing injunction to prevent further distribution of assets

Early legal advice is crucial to preserve rights and avoid complications.

Risks and Consequences

Contesting a will after probate can trigger costly litigation and delay the finalisation of the estate. There is also the risk of adverse cost orders, especially if the challenge lacks merit or disrupts beneficiaries without justification.

However, when valid concerns exist, the courts recognise the importance of investigating potential injustice. A successful challenge may result in the probate being revoked, the will being declared invalid, and either an earlier will or intestacy rules being applied.

Strategic and Sensitive Advice

At Blackstone Solicitors, we recognise that such disputes often involve deeply personal matters, from family tensions to suspicions of manipulation. We offer precise legal insight alongside compassionate guidance, ensuring that claims are evaluated on their legal strength—not just emotional conviction.

Whether you are seeking to challenge a will, defend one against allegations, or explore your rights as a disappointed beneficiary, our team is ready to assist with clarity, discretion, and expertise.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice on contesting a will after probate is granted and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to challenging a will after probate is granted. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.