Can you contest a will after probate?


In England or Wales, if someone you knew has recently died and you feel that you have not been sufficiently provided for by their will, you might be able to contest it. Typically, after the deceased's death, their estate's assets would be distributed to beneficiaries according to their will. However, there are certain circumstances in which you might be able to prevent all of this going ahead.

In what circumstances might you be able to contest a will?

Law Donut explains the general rule that you would not be able to contest a will simply on the grounds that you believe the will should have given you more or you claim that a particular item was promised to you. There are other vital criteria that you will probably need to meet.

A will can often be legitimately contested in a wide array of situations. Those scenarios include that the will has been found to be invalid, another beneficiary actually has no entitlement to receive anything, or debts or assets have been improperly dealt with. A will dispute could also be warranted if the executors are not distributing and administering the estate properly.

Alternatively, it is possible that, at the time of the deceased's death, you were in a marriage to them or financially depended on them, but the will does not adequately provide for you financially. In this situation, too, you could have strong grounds for challenging that will.

Can a sibling contest a will?

This will depend on what kind of relationship the sibling had with the deceased. People who can make challenges include a child, any other person who was treated as a child of the family, and anyone else who the deceased was financially maintaining. Any of these people, theoretically, can include siblings.

However, a sibling might also be able to challenge the will if they were completely omitted from it or believe that a fair portion of the estate has not been given to them. "Fair" in this context is affected by factors including the sibling's financial requirement and resources, whether they are disabled, the availability of assets, and any other claims that have been laid to the estate.

Can probate be contested?

Probate is granted to people when they are successful in their application to the court to be, in an official document, proved the estate's executors or administrators. Those people will be named the executors in the will. Therefore, if the will is deemed invalid or the will's term that names those people the executors is illegitimate, probate could be contested.

Can you challenge a will after probate?

Law Donut cites a time limit for making "a claim for reasonable financial provision": within six months following the granting of probate or the issuing of letters of administration. Nonetheless, the court could extend this limit in particular circumstances; for example, if negotiations with executors have prevented the applicant claiming earlier. Here at Ronald Fletcher & Co., we can provide legal advice and so help you to make a wise choice.