Contesting a Will After Distribution

There are many reasons that wills are contested, and it can be done after the will has been distributed. However, doing so can be a lot more complicated than doing it prior to the issuing of the grant of probate or prior to it being distributed to the beneficiaries, and the chances of success (or the chances of success resulting in meaningful benefit) are generally lower. 

If you are looking to contest a will before or after its distribution, read our post on what you will need to do, and how to go about it, or click here to learn how our solicitors can help you.

When Should I Contest a Will?

Although it may not always be possible, or the problems may have only been noticed after, you should always begin your attempt to contest a will before probate if possible. This is the process when an executor of a will is officially recognised and granted authority to manage and distribute it by the court. Depending on your grounds for making a claim, it can be complex and difficult to successfully contest a will, and so the earlier you start, the more time you will have to discuss with legal experts and gather evidence to form a strong case. 

If you have only just noticed that there is a problem with a will and deem it necessary to make a claim, you should also start the process as soon as possible. If you fail to make your claim within the necessary time limits, which in some cases can be as early as six months from the grant of probate, you may automatically lose the claim, which - if you had already begun the process - could cost you in legal fees.

Before You Contest a Will

It is not guaranteed that you will be successful in your claim; therefore, you must plan accordingly and seek assistance from legal professionals who can translate the complexities of wills, trusts and estate law and guide you through the process. 

Before doing so, you should consider what you want to achieve out of making a claim. If you feel as though you are owed reasonable financial provision or estate assets and were not awarded this in the will, you can name this amount, and your solicitors will be able to help you come to a settlement. Alternatively, if you wish to make a different sort of change to the will or discredit a will entirely, you will have to ensure you know exactly what that change is and what it will result in, for example, including or excluding someone else from the will.

You may even be able to avoid court proceedings completely, saving time and finances, by mediating with the opposing party, which is a form of alternate dispute resolution (ADR). Some professional solicitors can carry out this process, and it involves holding discussions with the opposing party to come to an agreement. This can be a very effective way of resolving probate issues, but does not always work, and may lead to court anyway.

To avoid some of the potential expenses if your claim fails, you may want to seek legal expenses insurance, which may help you to cover some, if not all, of your legal costs.

How Can I Contest a Will After Probate?

You can contest a will before or after probate registry if you believe any of the following are true:

• The will does not reflect the wishes of the testator, due to their lack of understanding of the contents or their lack of mental capacity (also known as testamentary capacity)
• The will or any of the signatures required to make it legitimate were forged, or it is fraudulent
• The testator was pressured to write it by someone due to undue influence
• The process of creating and signing a valid will was done incorrectly

However, even if you know any of these issues to be true in your situation, you will not automatically succeed in your claim, as you must first provide sufficient evidence that this happened. Certain elements of this process might be easier or more difficult to evidence, depending on the circumstances. For example, you may be able to gather medical documents and records to show evidence of the testator’s mental state, but proving that they were pressured by another person might be much harder.

Evidence should be collected and may have to be submitted to the court for inspection, following which they will make a decision as to whether your claim will be accepted. If it is, you may enact your demands. If it is not, there may be further legal action you can take. However, this is where contesting a will after probate has been granted can cause issues, as there may not be enough time left to do so or funds may have already been distributed and spent.

JMW Can Help

When considering taking any legal action, you should first seek help from professional solicitors. The contentious probate team at JMW can assess your situation and advise you on whether you should begin a claim to contest a will based on your circumstances. After informing you of your chances of success and what you are likely to get out of it, we will be able to assist you in a number of ways, from facilitating communications between you and the other parties, to helping you gather the necessary evidence. We can also represent you in court should it come to it.

Seek legal advice from award-winning professional wills, trusts and estate dispute solicitors. Visit our Contesting Wills page, or contact JMW today by calling 0345 872 6666 or fill out an online enquiry form and we will arrange a time to call you back.