It is important to understand what people mean when they ask whether a Will can be contested after a Grant of Probate has been issued, as there are two different legal routes for challenging a Will once probate is involved.
A Grant of Probate is the legal document issued by the Probate Registry that gives Executors authority to:
In cases involving a small estate, a Grant of Probate may not be required. Banks and building societies will sometimes release funds to Executors without a Grant if the sums involved are modest.
However a Grant of Probate will usually be required where the deceased owned:
One way to contest a Will is by arguing that it is legally invalid.
A Will may be invalid if:
It is far easier to challenge a Will before a Grant of Probate is issued, which is why we always advise anyone considering a claim to seek early legal advice.
If a Grant of Probate has not yet been issued, it is relatively straightforward to prevent Executors from obtaining one.
A Caveat can be entered at the Probate Registry to temporarily stop a Grant of Probate from being issued. Without a Grant, Executors are generally unable to collect or distribute most estate assets.
This often forces Executors to engage with the dispute and address the claim.
There is no time limit for challenging a Will on the basis that it is invalid. This means it is still possible to contest a Will after probate has been granted.
However, doing so become more difficult because:
Early action is therefore crucial.
A second way to “contest” a Will is by making a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
An Inheritance Act claim can be made before or after a Grant of Probate has been issued. However, strict time limits apply.
Claims under the Inheritance Act must usually be made within six months of the Grant of Probate being issued.
While the Court has discretion to extend this deadline in limited circumstances, it is unwise to rely on an extension being granted.
In simple terms: delay can mean losing your claim.
Inheritance disputes are time-sensitive and legally complex. Acting quickly can:
Our specialist inheritance disputes team has extensive experience dealing with:
We are sympathetic, practical, and focused on achieving the best outcome for you.
We are here to help.
We can get it sorted. It’s what we do.
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