Contested Probate FAQs
What is contested probate?
Contested probate refers to legal disputes which arise following a person’s death and can occur whether or not they had a Will. Common types of claims include challenging the validity of a will, disputing who should receive a share of an estate, the amount which might be received from the estate and disputes about how an estate is being administered.
Who can challenge a will?
Typically, beneficiaries named in the will or previous wills, spouses, co-habiting partners, children of the deceased, those who might benefit under the intestacy rules, those who were financial dependent upon the deceased or those who were promised an inheritance can contest a will.
How long do I have to contest a will?
There is no strict legal deadline to contest a will in the UK, but it is generally advisable to act as quickly as possible. For those who act early, there may be steps which can be taken to stop the estate administration being progressed in order to fully investigate a claim.
However, for any claims involving the Inheritance (Provision for Family & Dependants) Act 1975, there is a 6-month deadline from the grant of the probate being issued. If this deadline has passed, then an application to the court may be required to bring a claim out of time.
On what grounds can I challenge a will?
- Lack of testamentary capacity (the person lacked mental capacity when making the will)
- Undue influence by another party, fraud or forgery
- You feel you have not received a reasonable proportion of someone’s estate (this applies to a specific group of claimants)
- The correct formalities were not followed when signing the Will
Can a handwritten will be contested?
Yes. Handwritten wills are more susceptible to challenges, especially if they appear inconsistent with prior wills.
Can a will written by a professional will writer or solicitor be challenged?
Yes. Just because a will has been prepared by a Will writer, that does not mean that it cannot be challenged. Concerns may arise, including:
- Where a testator has instructed a completely new will writer, having previously instructed their ‘usual’ firm of solicitors for a number of years
- the testator lacked mental capacity when making the will
- the testator has not mentioned certain family members to the Will writer
What happens if a will is found to be invalid?
If a court deems the will invalid, the estate may be distributed according to an earlier valid will or under intestacy laws.
How long does a contested probate case take?
On average, a contested probate case can take several months to resolve. However, this very much depends on the people involved, the complexity of the case, how much is in dispute, the availability of witnesses and whether the case goes to trial.
Will I need to go to court?
Not necessarily. We are keen advocates of alternative dispute resolution and regularly represent individuals at mediations and settlement meetings. However, if court proceedings are necessary, we will fight hard for the right result.
How much does it cost to contest a will?
Costs very much depend on the people involved, the complexity of a case, the need for expert evidence and whether it proceeds to trial We can undertake work on certain cases on a ‘no win/no fee’ basis. We will discuss costs with you upfront.
What if the executor is behaving improperly?
Beneficiaries of an estate can apply to court to remove an executor for misconduct, such as mismanaging assets, failing to communicate, or not acting in the estate’s best interests.
What can I do if I feel I have not been adequately provided for?
If you have not been named as a beneficiary of a will, then you may still be able to bring a claim under the Inheritance (Provision for Family & Dependants) Act 1975. Those who are eligible to bring a claim include:
- spouse or civil partner of the deceased
- former spouse or civil partner of the deceased
- child of the deceased
- a person who was treated as a child (this could include stepchildren)
- a person being maintained by the deceased
- a cohabitee
Can an executor refuse to provide a copy of the Will?
Whilst an executor may not be legally obliged to provide you with a copy of the deceased’s Will, their refusal to do so can indicate that the Will may not be as you expect. In these circumstances, it is best to seek urgent legal advice to ensure the estate is not administered without giving you an opportunity to object.
How can we help you with a contested probate matter?
Our team appreciates that any dispute concerning a Deceased person’s estate or your inheritance can be an extremely distressing time. Family relationships can be tested and a matter can soon become emotionally charged. Our team prides itself on its understanding and calm approach in difficult times, whether you are seeking to bring a claim against an estate or are having to defend one. We aim to handle matters tenaciously and with the greatest sensitivity.