When a loved one or close friend passes away, it is extremely common to experience high levels of grief and distress. These emotions are only heightened in cases where there is some confusion with the deceased’s will. If you believe that a relative or close associate’s will has been incorrectly drafted, or you have suspicions about the circumstances in which their will was created, you could have a valid cause to legally contest the contents of their will. 

If you are planning on contesting a will, it is usually the case that you should do so before probate has been granted. This is because once a grant of probate has been obtained and the assets have been divided up, it is harder to reconsitute the estate. However, it is not impossible. 

In this guide, we will outline the necessary steps involved in contesting a will after probate and whether doing so is worth your time. 

Step 1: Obtain a copy of key documents 

If you are worried that all is not well with the will of your loved one, you should initially seek out a number of key documents that can help when receiving expert advice from a solicitor. You will need a copy of the will itself and ideally the will file, particularly if you suspect that the issue is not the will but the manner in which it was executed. 

Those who are contesting a will after probate in the UK are likely to come up against some resistance from the executor when it becomes apparent that you are seeking legal advice. However, your solicitor can help you to get a copy of the will if you face obstacles in doing so. 

It is also important to seek a copy of the grant of probate, which will give you more information about when probate was granted, who is dealing with it and the value of the estate. Both are extremely important when considering your claim. 

Read about if an executor can challenge a will.

Step 2: Identify your grounds 

Once it has been determined what is in the will and whether a grant has been issued, the next stage involves identifying if you have a legal basis to challenge the will. We have outlined the grounds for contesting a will below: 

• Lack of due execution: In order for a will to be considered valid, it must comply with Section 9 of the Wills Act 1837, which says: 
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• Testator incapacity: The Testator must be of sound mind, meaning they must have the mental capacity to understand that they are making the will, the extent of their assets and know who they ought to be considering when making the will as well. 
• Forgery: A will cannot be valid if it has been forged. 
• Lack of knowledge and approval: If the person the will applies to is not aware of what it is, or the contents included in it, the document will not be valid. This protects people from being tricked into signing a will because they thought it was something else and prevents the situation where a testator does not really know what’s in it as someone else (who they may trust) may have given the instructions for it. 
• Coercion: This occurs when a testator is put under undue pressure when making or amending their will or where someone has sought to poison the mind of the testator about someone who they would otherwise have benefitted.
• Inheritance Act: Family members or those who are dependent financially on the deceased may be able to contest a will if they have not been left anything, or if they do not think they have been left a reasonable share of the estate. 

Step 3: Recognise time limits 

There are different time limits that apply to different types of claim, which have been outlined below: 

• Inheritance act claims: six months from the date of grant 
• Rectification claims: six months from the date of grant 
• Beneficiary making a claim against the will: 12 years from the date of death 
• Fraud/claiming against an executor for appropriating estate assets: No time limit 

Regardless of the claim, it is still advisable to start the claim as quickly as possible. The longer a claim is left, the more difficult it becomes to trace assets or get the evidence you may need to prove your claim. 

Once you know you wish to make a claim, your solicitor will discuss with you whether the issue could be resolved through negotiation or through legal action.