Losing a loved one is never easy, and dealing with the legal process that follows can feel overwhelming. This can be even more difficult if you believe the will does not reflect their true intentions, for example you may have been unexpectedly left out, or you might have concerns about how the estate is being handled. In these situations, contesting a will may feel like the only way to secure fairness and protect your rights.

However, time limits for challenging a will vary depending on the type of claim,  and in some cases, you may have as little as six months from the date of the grant of probate or the letters of administration to act. Missing these deadlines could mean losing the right to bring a claim entirely. If you are contesting a will in the UK, seeking legal advice as soon as possible is essential.

Can you contest a will after probate has been granted?

It is possible to contest a will after a grant of probate has been issued. However, from both a legal costs and procedural standpoint, it is usually more practical to challenge a will before probate is granted. Taking action early can prevent assets from being distributed and reduce the complexity of reclaiming them later.

One way to prevent probate from being granted is by entering a caveat at the probate registry. A caveat temporarily blocks the executors from obtaining the grant while concerns about the will are investigated. A caveat will remain in place for six months, though it can be renewed for further six month periods for as long as is required.

However, this step is not without risk - court proceedings may follow if the caveat is disputed, and there could be legal fees involved. Before lodging a caveat, it is advisable to seek legal advice to understand the potential legal expenses and consequences.

What happens when a caveat is challenged?

A caveat can be challenged by the executors named in the will, who can issue a warning through the probate registry. A warning is a formal objection that notifies the person who lodged the caveat that they must either take further action or allow it to be removed.

At this stage, the person who entered the caveat has two options:

• Take no action: if no response is made, the caveat is automatically removed, and probate proceeds.
• Enter an appearance: this confirms their intention to challenge the will and prevents the caveat from being removed.

• If an appearance is entered, the dispute may escalate to court proceedings. The court will examine whether there are valid grounds for contesting the will, such as:
• Lack of testamentary capacity: questions may arise over whether the person making the will had lost mental capacity at the time.
• Actual undue influence: evidence may suggest that the testator was pressured into making specific provisions.
• Suspicious circumstances: doubts may exist about the legitimacy of the will’s preparation or signing.

You will need a lot of evidence to question the legitimacy of a will as, provided it meets the legal requirements, it will be assumed to be a valid will. Evidence such as medical records may be required to support the claim if you are relying on a lack of testamentary capacity. If the executor successfully applies to remove the caveat, the court may order the person who lodged it to pay their legal fees.

Can a will be contested without going to court?

Not all disputes over a will require formal court proceedings. In many cases, issues can be resolved through alternative dispute resolution. Mediation, for example, allows parties to discuss concerns under the guidance of a neutral third party. This process often results in a legally binding agreement without the need for a hearing.

Before engaging in mediation, you should seek legal advice early to assess whether a successful claim is likely, and whether alternative dispute resolution is the best way forward.

While litigation remains an option, parties should consider whether an out-of-court resolution is achievable, as this avoids the higher fees associated with court costs, minimises delays and allows for a more pragmatic outcome.