Can someone challenge probate?

Can someone challenge probate?

In certain situations, you may find yourself in a position to challenge someone else's probate application by entering a caveat. This legal action is initiated when there is a dispute concerning various aspects, such as:

• Disputes may arise over who has the right to apply for probate.
• If there is uncertainty regarding the existence of a valid Will.
• If there are concerns about the legal validity of the Will in question.

Upon entering a caveat, it initially lasts for a period of 6 months. However, there is an option to extend this period for an additional 6 months if necessary. Importantly, the caveat serves as a temporary halt to all applications for probate on the estate during this time.

It's crucial to be aware that entering a caveat can potentially lead to legal action and, subsequently, legal costs. Therefore, it is advisable to explore the possibility of reaching an amicable agreement with the individual applying for probate before taking legal action. Open communication and negotiation can often help resolve disputes without resorting to costly legal processes.

Challenging a Will

If someone is not happy after being excluded from a Will or receiving what is perceived as an unfair inheritance, these grounds, on their own, typically do not warrant legal challenges to a Will. However, there are circumstances where contesting probate is possible:

Invalid Will: If there is a belief that the Will is invalid.

Failure to provide financially: If the Will does not offer "reasonable financial provision" for a family member or someone financially dependent on the deceased.

Undervaluation of assets: If the Will does not accurately reflect the true value of the assets.

Unsettled debts: If a family member is owed money by the deceased, and the Will does not account for this.

Time restrictions

Although it is usually easier to challenge a Will before probate has been granted, the longer the delay in bringing a claim once it has been granted, will make things more complicated and costly. 

This is because it is likely that the executors would have distributed the deceased’s assets to the beneficiaries already. The nature of the challenge will determine the time limits when contesting a Will. If it is a beneficiary making a claim against the estate you are allowed 12 years from the date of the death, whereas if it relates to fraud or the validity of a Will, there is no time limit.

Who pays the costs?

The judge may exercise discretion on who bears the costs of contesting a Will, but typically, the losing party covers the successful party's costs. Approximately 50% of contested Will cases are resolved before reaching court, with only a small percentage proceeding to the final trial hearing.

It is crucial to seek professional legal advice when considering challenging a Will after probate has been granted or, in the absence of a Will, when letters of administration are issued. This process can be protracted, intricate, and expensive.

How Can GloverPriest Help?

At GloverPriest, we provide friendly and transparent legal advice. If you would like further advice on probate, please don’t hesitate to speak to one of our expert lawyers today.  Complete our enquiry form.