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Can You Contest a Will After Probate Has Been Granted?

Contesting a Will after probate has been granted is a complex, but not impossible, legal challenge. Probate is the legal process that confirms the validity of a will and authorises the executor to distribute the estate. Once granted, it may seem like the Will is final, but there are circumstances under which it can be contested.

Question	Short answer	Key details	Practical impact
Can a will be contested after probate is granted?	Yes	Probate confirms authority to administer the estate, not that the will is beyond challenge	Claims are still possible, but become harder once assets are distributed
Is probate the same as court approval of the will’s contents?	No	Probate allows executors to act, but does not rule on disputes about validity	A grant does not prevent later legal challenges
Common grounds for contesting after probate	Lack of testamentary capacity, undue influence, fraud or forgery, failure to meet legal formalities	These challenge whether the will is legally valid	Strong evidence is required, especially after probate
Lack of testamentary capacity	Testator did not understand what they were doing when making the will	Often involves medical records or witness evidence	Claims weaken with time as evidence becomes harder to obtain
Undue influence	The testator was pressured or coerced into making the will	High evidential threshold, suspicion alone is not enough	One of the most difficult grounds to prove
Fraud or forgery	The will was tampered with or is not genuine	Includes forged signatures or misleading the testator	If proven, the will is invalid regardless of probate
Failure to follow legal formalities	Will not signed or witnessed correctly	The will must comply with the Wills Act 1837	A technically invalid will cannot stand
Is there a time limit?	No fixed statutory deadline	Delay can seriously reduce prospects of success	Acting quickly improves outcomes
What happens if assets have already been distributed?	Recovery is possible but complex	May require court orders against beneficiaries	Costs and risk increase significantly
Can you stop probate or distribution?	Sometimes	A caveat can prevent a grant if entered early enough	Once probate is granted, this option is no longer available
Is it better to act before probate is granted?	Yes	Executors can be notified and distribution paused	Early action is simpler and cheaper
Should legal advice be taken?	Strongly recommended	Inheritance disputes are technical and evidence heavy	Early advice helps assess strength and strategy

Grounds for contesting a Will include lack of testamentary capacity, undue influence, fraud or forgery, and failure to comply with legal formalities. Testamentary capacity refers to the mental ability of the testator to understand the implications of their Will. If there is evidence that the testator was suffering from dementia or another cognitive impairment, this could be grounds for a challenge. Undue influence occurs when someone exerts pressure on the testator to change their Will in a way that benefits them unfairly. Fraud or forgery involves tampering with the Will or misleading the testator. Finally, a Will must comply with legal formalities such as being signed and witnessed correctly.

Although there is no statutory time limit for contesting an invalid Will, the likelihood of a successful claim diminishes with delay. Once probate has been granted, the estate may begin to be distributed, making asset recovery increasingly challenging. Therefore, if you have concerns about the validity of a Will, it is advisable to act promptly, as recovering assets after distribution can present significant legal obstacles.

It is therefore important to act as quickly as possible if you believe that there are grounds for contesting the validity of a Will. It is significantly easier to notify the executors of an estate before distribution occurs than afterwards. If action is taken early enough a ‘Caveat’ may be entered against the estate in order to prevent a grant of Probate from being issued.

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At Hedges Law, we understand the emotional stress that inheritance disputes can cause. Our experienced solicitors can guide you through the process, assess the strength of your claim, and help you take the necessary legal steps.