Can You Contest a Will After Probate Has Been Granted?

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.