If you think you have valid grounds to contest a will, but you are concerned that the grant of probate has already been obtained, then you must act quickly. The first step is to notify the executors of the will of your potential claim to seek their agreement to refrain from distributing any assets pending the resolution of your claim.
Can a will be contested after probate?
In a word, yes. However, it is more challenging to make a successful claim once the deceased's assets have already been distributed, and additional costs will likely be incurred. Notifying the executors of the will about a potential claim before the estate is distributed is a far more straightforward process. The longer the delay, the more likely the estate will have been distributed.
Can anybody view a will after probate?
Only the named executors can view a will before probate has been granted. However, once probate is granted, the deceased will become a public document anyone can view by applying to the Probate Registry.
Legal reasons to contest a will
It is essential to take swift action and seek legal advice if you believe you have a valid case for contesting a will. By proactively engaging with the executors of the will and considering your legal options at the earliest opportunity, you can help protect your interests and increase the likelihood of a favourable outcome in a will dispute.
The fundamental principles upon which you can challenge the validity of a will are the same regardless of whether the grant of probate has been obtained by the executors or not. To challenge a will, you must first have the requisite “legal standing” to challenge a will, i.e you must have a direct interest in the outcome, whether you are a beneficiary of a previous will, or if there is no earlier will, you must be a beneficiary under the laws of intestacy. This is because the terms of any previous will or (if there is no prior will) the laws of intestacy apply if you successfully invalidate the will in question.
There are five main ways in which to challenge the validity of a will:
- Lack of formality – the will must be made in satisfaction with Section 9 of the Wills Act. If it hasn’t been signed and witnessed properly, then it will be invalid.
- Lack of capacity – The person making the will must have the requisite mental capacity to execute the will. If, for example, they had dementia when the will was executed, then the will could be invalidated.
- Knowledge and approval – If the person making the will didn't fully understand and approve the terms of the will, then the will may be invalidated.
- Undue influence – The person making the will must have made the will of their own free will, and if a third party has forced them to create a will contrary to their own wishes, then the will may be invalidated.
- Fraudulent calumny – a will can be invalidated if a third party has told lies about the character of another and the person making the will excludes that party in reliance upon those lies.
How do I contest a will after probate has been granted?
The way that you may seek to invalidate a will depends upon the ground of challenge. Typically, the process will involve an initial evidence gathering exercise, which would usually involve:
- Obtaining a copy of the will file.
- Obtaining copies of medical records.
- Collecting witness accounts from those who knew the deceased and/or who witnessed the will.
It is important to use all the investigative tools available to gather the relevant evidence to support your claim. Once you have gathered the necessary evidence in support of your will challenge, you would need to issue a claim at court seeking an order for the revocation of the erroneous grant of probate on the basis that the will in question was invalid.
Revocation of the Grant of Probate
By reason of the grant already being issued in the estate, it would be necessary to issue an application at court seeking the revocation of the existing grant of probate on the basis that the will was invalid. If approved by the Court, the application would see to the invalidation (or revocation) of the grant of probate and would allow the correct personal representatives to obtain the appropriate form of probate.
When do I need to bring my challenge?
Although there is no limitation on your ability to challenge a will via these types of claims, the outcome is more likely to be favourable the sooner you act. This is particularly important if a Grant of Probate has been issued as, typically, simple estates are administered and distributed within 12 to 18 months of the date of death, so it is highly recommended to obtain legal advice at the earliest opportunity.
How long will it take?
The costs and duration of a will dispute will vary (depending upon the conduct of the people involved and the extent of court involvement required) but it can typically take 12 to 18 months to obtain a final order on a case.
Remember, every case is unique, and seeking professional legal guidance is recommended to understand the specific legal requirements and potential implications of contesting a will after probate has been granted.
FAQs
Contesting a will can lead to a fairer outcome, but it’s not always the right decision for every situation.
Before moving forward, it’s important to carefully weigh:
- The potential financial benefit
- The legal costs and time involved
- The emotional and personal impact
- The likelihood of success, based on available evidence
Every case is different. Our experienced contentious probate solicitors will work with you to assess your position and help you decide whether contesting the will is likely to be worth it, legally, financially, and personally.
We’ll ensure you have the information and support you need to make a fully informed decision.
Not always. Many will disputes are resolved without going to court.
In fact, most cases settle through:
- Negotiation between parties
- Mediation or other alternative dispute resolution (ADR)
- Out-of-court agreements, which may still require court approval in some situations (e.g. when minors are involved)
Contesting a will in the UK can be challenging, especially if the estate is complex or the evidence is limited.
To succeed, you must prove that the will is invalid on the balance of probability. This legal threshold requires strong evidence and may involve:
- Reviewing medical records or solicitor notes
- Investigating undue influence or lack of capacity
- Gathering witness statements or expert reports
You can’t completely prevent someone from contesting your will but you can take clear, effective steps to reduce the risk.
Here’s how:
- Use a qualified solicitor to draft your will professionally
- Ensure it complies with the Wills Act 1837 and reflects your mental capacity and intentions
- Follow proper signing and witnessing procedures
- Consider documenting your reasoning if you are excluding someone who might otherwise expect to benefit
By taking these precautions, you help ensure your will is valid, defensible, and less likely to be successfully challenged.
In most cases, there is no fixed time limit to contest a will in the UK. However, acting quickly is essential, especially before the estate is distributed.
Most estates are administered within 12 to 18 months after death. Once assets are distributed, it can become much harder to reverse those transactions or recover your share.
To protect your rights:
- Raise your claim as soon as possible
- Notify the executor before distribution begins
However, if you bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you must apply within six months of the Grant of Probate (or Letters of Administration) being issued.
Yes, probate can be temporarily halted by entering a caveat against the estate. This is a legal notice that prevents the court from issuing a Grant of Probate and is often used when someone plans to contest the will.
You can file a caveat online through the Probate Registry. Once in place:
- The executors may challenge it by filing a legal document called a warning
- If no one responds to the warning, the caveat will be removed
- To keep it active, you must file an Appearance in response—after that, only a court order can remove the caveat
Caveats are powerful but time-sensitive legal tools. Our probate solicitors can help you use them strategically to protect your position while preparing a legal challenge.
Yes, an executor can challenge a will, but doing so creates a conflict of interest.
If an executor believes the will is invalid (e.g. due to undue influence or lack of capacity), they must step aside from their role. This typically involves:
- Formally renouncing their appointment as executor, or
- Being removed through a court application
An executor cannot continue to administer the estate while simultaneously contesting the validity of the will. If you’re an appointed executor with concerns about a will, it’s essential to seek legal advice before taking any steps.
The time it takes to contest a will varies depending on the nature of the claim and how the dispute is resolved.
- Straightforward cases may be resolved within 6 to 9 months, especially if settled out of court
- Complex disputes—involving multiple parties, contested facts, or litigation—can take 12 to 24 months, or even longer
- Cases that go to a full court hearing typically take the most time
Key factors that affect the timeline include:
- The type of legal claim being made (e.g. validity, Inheritance Act, proprietary estoppel)
- The amount and quality of evidence required
- Whether the dispute can be resolved through negotiation or mediation, rather than litigation.
Yes, it is still legally possible to challenge a will after the Grant of Probate has been issued—even if the estate has already been distributed.
However, doing so is far more difficult. Once assets have been passed to beneficiaries, reclaiming them through legal action becomes complex, time-consuming, and less likely to succeed.
For this reason, it is strongly recommended that you:
- Raise any concerns before probate is granted, and
- Notify the executors of your intention to contest as early as possible.
While someone is alive, their will is private. They can change it at any time and are not legally required to show it to anyone, even family members or intended beneficiaries.
After death, the rules change:
- Until probate is granted, only the executors named in the will are entitled to view it
- Once probate is granted, the will becomes a public document, and anyone can request a copy from the Probate Registry
This makes most wills viewable by the public after probate.
However, there are rare exceptions—such as in the case of celebrities or members of the royal family—where a judge may order the will to remain sealed.
No. You cannot contest a will while the person is still alive.
A will is considered a private and revocable document until the testator (the person who made the will) dies. They are free to change or revoke it at any time before their death.
You can only contest a will after the person has died and the final version of the will is in effect, typically once probate proceedings begin.
Some wills now include a ‘no contest’ clause, also known as a forfeiture clause or in terrorem clause. This type of clause is designed to discourage challenges to the will.
It works like this:
- If a named beneficiary contests the will and loses, they forfeit their inheritance under the will
- In effect, it forces beneficiaries to choose between accepting what they’ve been given or risking everything by challenging the will
In the case of Sim v Pimlott, the court upheld a no contest clause, confirming that such provisions can be effective when properly drafted and legally valid.
If you’re thinking of including a no contest clause in your will or facing one as a beneficiary it’s essential to get legal advice. These clauses can be powerful, but they must be carefully written to hold up in court.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
