Do you need to know if probate can be contested? If a dispute occurs involving the contents or validity of a will, or regarding the distribution of the deceased’s estate upon death, this is defined as “Contentious Probate”. An often complex and stressful process it is a matter that requires sensitive handling by experienced legal professionals.
Here we look at contested probate in detail, including important points to consider and the best way to proceed when you feel grounds exist to contest a person’s will.
What grounds can you contest probate?
There are several grounds under which probate may be contested. For example, a lack of testamentary capacity. This can occur if the person who died is believed to have lacked the necessary mental capacity required to make a valid will.
Lack of valid execution is also solid grounds for contesting probate and is based on the will being incorrectly executed. Common examples include when a will has not been witnessed or signed properly. Probate can also be contested on then ground’s that the meaning of the deceased’s will wasn’t understood correctly.
If a claimant feels that the deceased made their will or amended it under duress or while influenced by another person, probate can be contested. Additionally, if there is evidence that the will involves elements of forgery or acts of fraud, there are grounds. This could involve unauthorised amendment to the will or fake signature.
Some wills are contested for the simple reason that they are unclear or that they do not reflect the intentions or wishes of the person who has died.
What will you need to contest a will?
If you wish to contest a will you will need both evidence and an explanation. This begins with a copy of the will in question and any documented evidence which can support the claim you are making. You may also need the details of witnesses who can support you claim and an explanation regarding the background of the will. This should include any pertinent promised made to you by the person who has died.
How long to contest a will?
Here in the UK, there is no set time limit to contest the validity of a will. However, the length of time available to contest a will depends on the grounds involved.
Claims made for financial provision under the Inheritance Act 1975 have a six-month timeframe which starts from the Grant of Letters of Administration or Grant of Probate date. While the court can offer extensions, applicants must establish adequate grounds. There are some other probate actions, predominantly those made by beneficiaries, that have a time limit of 12 years
Although there is generally no time limit for contesting probate, swift action is advised when people feel they may have sufficient grounds as an estate may be distributed before they get to begin the legal process.
Can you appeal a probate decision in the UK?
Probate can be challenged by a only a few individuals. These include a beneficiary of a previous or present will, a person who is dependent financially deceased, a member of the family or someone who believes that the deceased promised them something that wasn’t bestowed in the will.
Challenging a will for failure to provide reasonable financial provision is only possible for a financial dependent like a child, spouse, ex-spouse, civil partner or ex-civil partner, or a cohabiting partner.
Should the court decide a will is invalid, the estate’s distribution is at its discretion. As a result, no guarantee exists that a person challenging probate receives anything. The court usually distributes the estate in accordance with the most recent version of a valid will. The only people receiving something are those named within and, if no surviving family relation exist, the estate passes to the Crown.
Contesting probate is a legal battle and typically a long and drawn-out process in court. As a result, it should be considered only as a last resort when all other possibilities have been exhausted. The first step is to seek advice from an experienced probate solicitor. They can share the options you can take and recommend a way forward.
Do you need advice from probate solicitors in North Wales?
If you believe that you have grounds to contest probate, we can help. Our expert team of probate solicitors can offer advice and legal assistance from our North Wales offices in Gwynedd and Bangor. Reach out to us now to explain your current circumstances and receive our help.
