When someone passes away, finding out that you’ve been left out of their will - or that the contents don’t reflect what you were led to expect - can be deeply upsetting. For many, this concern only becomes real after the probate process begins and a copy of the will becomes available. By this point, the estate may already be in the hands of the executor, and some beneficiaries may have received part of their inheritance. You may feel like it’s too late to ask questions or take action.

This isn’t always the case. While probate gives someone legal authority to distribute a deceased person’s assets, it does not automatically prevent a challenge to the will. It’s still possible to raise concerns and, in some cases, apply for the grant of probate to be revoked. However, there are limits on the time you have to act, and steps you’ll need to take to support your position. That’s why it’s always better to seek legal advice early, before estate assets are distributed or lost.

In this blog, the expert probate solicitors at Switalskis explain how long after probate you can contest a will, the legal process involved and what steps to take if you believe you have reasonable grounds.

What is probate and why does it matter for contested wills?

Probate is the official legal process that allows someone to deal with the property, money and possessions (known collectively as the estate) of a person who has died. When someone applies for probate and receives a grant of probate, they gain the legal right to access the estate, settle debts and distribute gifts to the beneficiaries named in the will.

Can a will be contested after probate has been granted?

It is possible to challenge a will during the probate process, and for many people this stage is the first chance to read and understand the instructions contained in the will. However, the legal process is more difficult once the estate begins to be distributed. Executors may have already made payments or transferred property, and this can limit what is recoverable or put additional financial strain on the estate.

If you suspect that a will is invalid or believe that it was created in suspicious circumstances, it’s important to act quickly. A solicitor can help you assess the legal grounds of your case and may be able to apply for the probate grant to be revoked. This halts the administration process and creates space to investigate and issue a formal claim.

In some cases, courts may still allow a challenge even after a delay, particularly if the will only became available following probate, or if new evidence - such as a more recent will - has come to light. If you and your solicitor can present strong evidence and a compelling reason for the delay, the court is much more likely to allow your claim to go ahead. However, courts are generally less willing to accept late applications without a clear explanation, and any delay can affect how your claim is received.What are the legal grounds for contesting a will?

To make a successful claim, you’ll need to prove one or more valid legal grounds. These include:

• Lack of testamentary capacity: the person making the will (the testator) must have understood what they were doing and the impact of their decisions. Medical records and expert reports can help to establish whether this capacity was present.
• Lack of valid execution: under the Wills Act 1837, a will must be properly signed and witnessed. If the formal legal requirements were not followed, the will can be deemed invalid.
• Lack of knowledge and approval: the testator must have known and approved the contents of the will. This may be questioned if someone else wrote the document, or if the testator could not read or understand it due to illness or disability.
• Undue influence: if someone was pressured into signing the will or changing it to benefit another person unfairly, this can be grounds for challenge. These claims require strong evidence, such as witness statements.
• Fraud or forgery: although rare, forged signatures or deliberately concealed documents can also form the basis of a claim.
• Revocation: a will may no longer be valid if the testator created a later will or deliberately destroyed the document with the intention of revoking it.

How long do you have to challenge a will after probate?

There is no fixed time limit for challenging the validity of a will after probate has been granted, but it’s always best to act as soon as possible. The longer you wait, the harder it may be to recover estate assets or persuade the court that your claim is justified.

Some types of claims do have specific deadlines. For example, if you're making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you must usually do so within six months of the date probate is granted. The court can allow late claims in limited circumstances, but this isn’t guaranteed and it’s important to act as quickly as possible.

In all cases, delaying action can reduce your chances of success, increase the costs involved in seeking justice and make it more difficult to recover your rightful share - especially if other beneficiaries have already received or spent their inheritance.

Can a will be challenged before probate is granted?

This is often a simpler and more effective route. Even so, many people don’t act at this stage - often because they’re unaware of the process or assume that nothing can be done until after probate is granted. Others delay because they are processing grief, unsure about whether they have a valid claim, or worried about causing tension within their family. Unfortunately, these delays can make the legal route more complex later on, so it’s always worth getting early legal advice if you’re uncertain.

If probate has yet to be granted, and you do have suspicions about a will’s validity - for example, concerns around undue influence, fraud, or whether the person making the will had the required testamentary capacity - your solicitor can enter a caveat with the Probate Registry. This stops probate from being granted and pauses the executor’s distribution of the estate while the issue is investigated.

Challenging a will at this stage gives you more flexibility in how the dispute is handled. Because the estate remains intact, there’s less risk of assets being sold or distributed before your concerns are addressed. With a caveat in place, a solicitor is more likely to be able to resolve the issue informally through correspondence, without the need for full court proceedings and their related costs.

What happens if your claim is successful?

If the court agrees that the will is invalid, it will be set aside. The estate may then be administered under a previous will, if one exists, or under the intestacy rules, which determine how assets are distributed when there is no valid will.

This can have a serious effect on other family members, civil partners or beneficiaries. If the estate has already been partially distributed, the court may issue orders to recover certain assets - but this isn’t always practical.

The impact of such claims depends on the person’s situation and what’s left in the estate. Some people are looking to correct a specific issue or recover something they believe they were promised. Others want to challenge the entire will. What happens next will be shaped by the nature of your claim, the value of what’s being disputed, and the other parties involved.

What are the risks of contesting a will after probate?

Contesting a will after probate comes with financial, practical and emotional risks - particularly if the executor has already started to distribute the estate. These include:

• Legal costs and court fees involved in issuing a formal claim and responding to opposition from other beneficiaries.
• The risk of paying the other side’s costs if your claim is unsuccessful, especially if the court considers the challenge to be unfounded or avoidable.
• Uncertainty over who pays the legal fees. While costs are sometimes paid from the estate, this depends on how the dispute arose. If it was caused by unclear instructions in the will, the estate might cover some or all legal expenses. If the court believes one party caused unnecessary conflict, they could be ordered to pay personally.
• Strain on personal relationships, especially where the dispute involves close family members or long-standing disagreements. In some cases, these disputes can cause lasting damage.
• Difficulties recovering assets that have already been sold or passed on, which can affect the outcome even if your claim succeeds.

While there are always factors to consider before contesting a will, starting your claim early gives you a better chance of reaching a positive outcome. Early action also leaves more room for informal resolution through negotiation.

How contentious probate solicitors can help

Contesting a will - especially after probate has been granted - involves sensitive issues and detailed legal procedures. At Switalskis, we have extensive experience handling will challenges, including claims involving undue influence, lack of mental capacity and disputes under the Inheritance Act. We’ll help you assess the strength of your case, explore alternative dispute resolution where appropriate, and remain steadfastly in your corner throughout the entire legal process.

To discuss your case in confidence, call Switalskis today on 0800 138 0458 or get in touch through our website.