When someone believes that a will is not valid, or that an estate is not being dealt with as it should be, they may be able to challenge it. Contesting probate is not something to be undertaken lightly, because it involves strict rules, firm time limits, and real cost consequences, but there are situations in which it is entirely justified. Here, our specialist wills and probate solicitors answer the question ‘Contesting probate: when and how can a grant be challenged?’
To speak to our experts, please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Does Contesting Probate Mean?
Contesting probate means formally challenging either the validity of a will or the right of a particular person to administer an estate. It can involve preventing a grant from being issued while a concern is investigated, or bringing a claim once a grant has already been obtained. The term is also sometimes used more broadly to include claims by people who feel they have not been adequately provided for, although those claims work rather differently.
The common thread is that someone with a genuine interest in the estate believes that matters should not proceed as they stand. Because a successful challenge can change who inherits and who deals with the estate, the law sets clear conditions for bringing one.
Who Is Entitled To Contest Probate?
Not everyone can contest probate. A person must have a sufficient interest in the estate, which generally means they would be affected by the outcome. Typically, this includes beneficiaries named in the current will, beneficiaries under an earlier will who would benefit if the current one were set aside, and relatives who would inherit under the rules of intestacy if there were no valid will at all.
People who were financially dependent on the deceased may also have a route to make a claim, even where they are not beneficiaries. Establishing that you have standing to bring a challenge is the necessary first step, and it is something to check before going further.
On What Grounds Can A Will Be Challenged?
There are several recognised grounds, and a challenge must be based on one of them rather than simply on unhappiness with the contents.
A common ground is lack of testamentary capacity, meaning the person did not have the mental ability to understand what they were doing when they made the will. Another is lack of valid execution, where the will was not signed and witnessed in the manner the law requires. A third is undue influence, where the person was pressured or coerced into making the will or particular provisions in it. A fourth is lack of knowledge and approval, where there is doubt that the person truly understood and agreed to the contents. A will may also be challenged on the basis that it is a forgery or a fraud, or that it has been revoked by a later will or by marriage.
Establishing any of these requires cogent evidence, and the burden of proof and the strength of evidence needed vary according to the ground relied upon.
How Do You Prevent A Grant From Being Issued While You Investigate?
Where there are concerns but the position is not yet clear, the usual first step is to enter a caveat at the Probate Registry. A caveat prevents a grant from being issued, which stops the estate from being administered while the concern is looked into. It lasts for six months and can be renewed.
A caveat is a holding measure rather than a claim in itself, and it should only be used where there is a genuine issue about the validity of the will or the right to a grant. It is not the right tool where the real complaint is about how the estate is divided, and using it wrongly can lead to costs being awarded against the person who entered it. Taking advice before entering one is strongly advisable.
What Are The Time Limits?
Time limits are one of the most important features of contesting probate, and they differ according to the type of challenge. A claim by someone who feels they have not been adequately provided for, brought under the Inheritance (Provision for Family and Dependants) Act 1975, must generally be made within six months of the grant, which is a short window.
Challenges to the validity of a will are subject to different rules, and while some have no fixed statutory limit, delay can seriously weaken a case and cause other problems, particularly if the estate has already been distributed. Because the position depends on the nature of the challenge, it is essential to take advice as soon as a concern arises rather than waiting.
How Are These Challenges Resolved?
The great majority of probate challenges are resolved without a trial. Once the grounds have been investigated and evidence gathered, the parties usually negotiate, often with the assistance of mediation, and reach a settlement. This is generally quicker, less expensive, and less damaging to relationships than contested court proceedings.
Where agreement genuinely cannot be reached, the matter may proceed to court, and a judge will decide. Litigation of this kind can be costly and stressful, so it is treated as a last resort. Throughout, the aim is to protect the client’s position while looking for the most constructive route to a resolution.
How Can Bartletts Solicitors Help?
Contesting probate, or defending an estate against a challenge, calls for careful judgement from the outset, because the early steps often shape everything that follows. Our team can advise you on whether you have grounds and standing to bring a challenge, take the steps needed to protect your position, and represent your interests through negotiation, mediation or, where necessary, the courts.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
