Can You Contest a Will After Probate

Can You Contest a Will After Probate?

The death of a loved one is always a time of deep sadness and the opportunity to bring a family together during a time of sorrow and need. When it comes to the division of a departed loved one’s assets during this time, all family members will undoubtedly want the process to be a smooth and fair one without complications. However, if a will is found to not be equally beneficial, or if certain family members are unhappy with the assets or inheritance they have received, then a will can be contested. There are a number of legitimate legal grounds for contesting a will, such as concerns that the will is invalid or does not accurately reflect the intentions of the testator or even concerns of fraud or forgery.

Can you contest a will after probate?

The answer to this question is yes: although the process of contesting wills is usually undertaken during probate and it is advisable to challenge a will before probate has been granted. As is the case in any situation contesting a will, contesting a will after probate holds no guarantees for a favourable outcome and can incur further costly legal expenses in the process, as well as stretching out an already lengthy court process. One key issue surrounding this is the distribution of assets, as the deceased’s assets can continue being distributed during this time. Seeking legal advice during this time is highly recommended and having a clear understanding of the legal routes available to you is essential. The process of contesting a will after probate is complex and there are several key factors to be aware of whilst contesting a will after probate.

The will

It is highly advisable to view the will if you believe there is an issue with the execution of the will, or with the will itself. After probate has been issued, the will becomes a public document and it is therefore easier to view the will during this stage.

Legal basis

There are several legal grounds for challenging a will, including an invalid will, rectification, coercion or forgery. Establishing the legal basis for contesting a will early on in the process and discussing the basis with your legal team is essential for a satisfactory resolution. We will ensure you have all the information you need during the contention process and handle your will dispute for you, taking the pressure and hassle away from you.

Time limits

Different time limits apply depending on the basis of your individual claim. Moving quickly during this process is advisable to avoid the distribution of assets and minimise undue inconveniences during an already difficult time.

If you are thinking about contesting a will, get in touch with us today for a free claim assessment. We operate usually on a no-win, no-fee basis for disputes regarding estates across England and Wales, no matter where you are based.