Challenging a will after probate is possible in certain circumstances. Discover the legal grounds, time limits and options for disputing a will in England and Wales.
Discovering that a loved one’s will may be invalid after probate has already been granted can be extremely distressing. You may have only recently learned about a suspicious change to the will, concerns about undue influence, or evidence suggesting that the deceased person did not have the mental capacity to make their final wishes known.
But does receiving a Grant of Probate mean that the will can no longer be challenged?
The answer is no. Challenging a will after probate is possible in certain circumstances in England and Wales. However, the legal process can be more complicated than challenging a will before probate has been granted, particularly if the estate has already been distributed.
Whether you can contest a will after probate depends on the grounds for your challenge, the available evidence, the actions already taken by the executor, and the legal remedy you are seeking.
This guide explains how challenging a will after probate works, the legal grounds you may rely on, applicable time limits, and the steps you can take to protect your inheritance.
Quick Answer: Can You Challenge a Will After Probate?
Yes. You may be able to challenge a will after probate has been granted if there are valid legal grounds to dispute its validity.
For example, you may have concerns that:
- The deceased person lacked testamentary capacity when signing the will.
- Someone used undue influence to pressure the deceased into changing their wishes.
- The will was forged or fraudulently created.
- The deceased did not know about or approve the contents of the will.
- The will was not properly signed and witnessed.
If a will is successfully challenged, the court may declare it invalid. Depending on the circumstances, this could affect the Grant of Probate and the way the estate is distributed.
However, there is an important distinction between challenging the validity of a will and making a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
The latter generally has a six-month deadline from the date the Grant of Representation is issued, although the court can sometimes allow a late application.
The earlier you obtain legal advice, the better your chances of understanding your options and protecting your position.
1. What Does Challenging a Will After Probate Mean?
Probate is the legal process through which an executor receives authority to administer a deceased person’s estate.
When there is a valid will, the named executor will usually apply for a Grant of Probate. This document confirms their authority to deal with the estate, including collecting assets, paying liabilities and distributing the inheritance.
However, receiving probate does not automatically establish that the will is legally valid in every possible circumstance.
A person may discover evidence after probate has been granted that raises serious questions about how the will was created or whether it reflected the deceased person’s genuine intentions.
For example:
- A family member discovers that a relative was suffering from significant cognitive impairment when they signed their final will.
- A beneficiary finds evidence that another person pressured the deceased into removing them from the will.
- Someone discovers that the signature on the will may have been forged.
- A previous will is found that appears to contradict the document used to obtain probate.
In these situations, challenging a will after probate may still be possible.
However, the challenge may require more complex legal proceedings because a Grant of Probate has already been issued and the executor may have started distributing the estate.
Does Probate Make a Will Legally Unchallengeable?
No. A Grant of Probate does not make a will immune from a legal challenge.
If there are sufficient grounds to dispute the validity of the will, an interested person may be able to bring a probate claim.
Depending on the evidence and circumstances, the court may be asked to determine whether the will is valid and whether the grant should be revoked.
Revoking a Grant of Probate does not automatically mean that the person bringing the claim receives an inheritance. The outcome depends on the legal grounds, the evidence, and which will or succession rules ultimately apply.
2. What Are the Legal Grounds for Challenging a Will After Probate?
Not every disagreement about an inheritance provides grounds for contesting a will.
To successfully challenge a will after probate, you generally need to establish a recognised legal basis for disputing its validity.
The main grounds include the following.
A. Lack of Testamentary Capacity
Testamentary capacity refers to a person’s legal and mental ability to make a valid will.
For a will to be valid, the person making it must generally understand:
- The nature and effect of making a will.
- The extent of the property they are disposing of.
- The people who may reasonably expect to benefit from their estate.
- How their decisions affect the distribution of their assets.
The legal test is associated with the case of Banks v Goodfellow (1870).
A person may have a medical diagnosis or experience periods of confusion without automatically lacking testamentary capacity.
The important question is whether they had the required capacity when they made the particular will.
For example, imagine an elderly parent changes their will shortly before death. They leave almost their entire estate to one relative, despite previously intending to divide it equally between their children.
After probate, another family member discovers medical records suggesting that the parent was experiencing severe cognitive impairment when the new will was signed.
This evidence may justify investigating whether the deceased had testamentary capacity.
Medical records, witness statements, solicitor attendance notes and evidence from people who interacted with the deceased may all be relevant.
B. Undue Influence
Undue influence occurs when someone applies improper pressure that overcomes another person’s independent decision-making when making a will.
This can involve emotional manipulation, intimidation, threats or other coercive behaviour.
For example, a family member may isolate an elderly relative from other relatives and repeatedly pressure them to change their will in their favour.
If the deceased eventually signs a new will because of that pressure, the document may be open to challenge.
However, proving undue influence in will disputes can be difficult.
The fact that someone benefited significantly from a will, had a close relationship with the deceased, or had an opportunity to influence them does not automatically establish undue influence.
Evidence must support the allegation.
Potential evidence may include:
- Messages or letters showing pressure or threats.
- Witness accounts of controlling behaviour.
- Evidence of isolation from family members.
- Sudden and unexplained changes to previous estate plans.
- Circumstances surrounding the preparation and signing of the will.
C. Fraud or Forgery
A will may be challenged if there is evidence that it was created or altered fraudulently.
Forgery may involve someone copying the deceased person’s signature, altering an existing document, or producing a document that was never genuinely approved by the person who supposedly made it.
For example, a beneficiary may discover that a recently produced will contains a signature that appears inconsistent with the deceased person’s handwriting.
A forensic handwriting expert may be able to examine the signature alongside genuine examples.
Other useful evidence may include original documents, correspondence, electronic records and witness statements.
If fraud or forgery is established, the court may determine that the disputed will is invalid.
D. Lack of Knowledge and Approval
A person making a will must generally know and approve its contents.
This means they must understand what the document says and approve the provisions included in it.
Concerns may arise where:
- Someone else prepared the will without properly explaining its contents.
- The deceased could not read or understand the document.
- The will contained unexpected provisions.
- Another person was heavily involved in preparing a document that benefited them.
- There are suspicious circumstances surrounding the signing.
For example, an individual may sign a document believing it contains the same provisions as their previous will, without understanding that it substantially changes their beneficiaries.
If there is sufficient evidence that they did not know and approve the contents, the will may be challenged.
E. Failure to Follow the Legal Formalities
Under Section 9 of the Wills Act 1837, a will generally needs to satisfy specific formal requirements to be valid.
These include:
- The will must be in writing.
- It must be signed by the testator, or by someone else in their presence and at their direction.
- The signature must be made or acknowledged in the presence of two witnesses present at the same time.
- Each witness must attest and sign the will, or acknowledge their signature, in the testator’s presence.
If these requirements were not satisfied, the will may be invalid.
For example, a beneficiary may discover that one of the witnesses was not present when the deceased signed the document.
The circumstances would need to be examined carefully to establish whether the formal requirements were met.
3. Can You Contest a Will After Probate Has Been Granted If You Were Left Out?
Yes, being excluded from a will does not automatically prevent you from bringing a legal claim.
However, simply being a close relative or believing you deserved a share of the estate is not enough to establish that the will is invalid.
Your options depend on why you were excluded.
For example, you may have grounds to challenge the will if you believe:
- The deceased lacked testamentary capacity.
- Another person used undue influence.
- The will was forged.
- The deceased did not understand the document they signed.
Alternatively, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
This legislation allows certain eligible individuals to apply to the court if the deceased’s will, or the intestacy rules, failed to make reasonable financial provision for them.
Eligible applicants may include:
- A spouse or civil partner.
- A former spouse or civil partner who has not remarried or entered a new civil partnership.
- A child of the deceased.
- Someone treated as a child of the family.
- A person who was maintained by the deceased immediately before their death.
- Someone who lived with the deceased as if they were married or civil partners for the required two-year period immediately before death.
A successful claim under this legislation does not necessarily invalidate the will.
Instead, the court may order reasonable financial provision from the estate.
The distinction is important because the eligibility requirements and time limits are different from those involved in challenging the validity of a will.
4. What Is the Time Limit for Challenging a Will After Probate?
One of the most important considerations when challenging a will after probate is the applicable time limit.
There is no single deadline that applies to every type of will dispute in England and Wales.
The relevant time limit depends on the legal basis of the claim.
Challenging the Validity of a Will
Claims concerning the validity of a will, such as allegations of forgery, lack of testamentary capacity or undue influence, do not all have the same statutory deadline as claims under the Inheritance Act 1975.
However, this does not mean you can wait indefinitely.
Delay may create significant difficulties, particularly if:
- The estate has already been distributed.
- Property has been sold or transferred.
- Important witnesses are no longer available.
- Medical or financial evidence becomes difficult to obtain.
- Third parties have relied on the Grant of Probate.
If probate has already been granted, legal advice may be needed about bringing a probate claim and seeking revocation of the existing grant.
Inheritance Act 1975 Claims: The Six-Month Deadline
If you are bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the general deadline is six months from the date the Grant of Representation is first issued.
This is set out in Section 4 of the Act.
The court has discretion to allow an application outside this period, but permission is not automatic.
For this reason, eligible applicants should seek legal advice as soon as possible rather than assuming they can apply whenever they discover the problem.
Why Acting Quickly Matters
Even where a particular validity challenge does not have the same six-month statutory deadline, waiting can weaken your position.
Once an estate has been distributed, recovering assets or reversing transactions may become more complicated.
Early legal advice can help establish the applicable deadline and identify the most appropriate legal steps.
5. What Happens If the Estate Has Already Been Distributed?
Challenging a will after probate becomes more complicated if the executor has already distributed some or all of the estate.
However, distribution does not automatically make every legal challenge impossible.
The available remedies depend on the circumstances.
For example, if a court determines that the will was invalid, it may need to consider the effect on the Grant of Probate and the administration of the estate.
Where assets have already been transferred, additional questions may arise about:
- Whether the recipients knew about the dispute.
- Whether the assets can be recovered.
- Whether property has been sold to third parties.
- Whether the executor acted properly.
- Whether any beneficiaries have already spent their inheritance.
The court may need to consider the rights of people who have received assets and whether any recovery is legally possible.
This is why it is important to seek advice promptly if you discover potential evidence of an invalid will after the estate has been distributed.
6. Can You Stop an Estate From Being Distributed While Challenging a Will?
If probate has not yet been granted, a person with a sufficient interest may be able to enter a caveat at the Probate Registry.
A caveat prevents a Grant of Probate from being issued while the relevant dispute is addressed.
However, a caveat is generally a pre-grant measure.
If probate has already been granted, entering a caveat is not the appropriate way to stop the existing grant.
Instead, depending on the circumstances, a solicitor may advise considering:
- A probate claim challenging the validity of the will.
- An application to revoke the Grant of Probate.
- An injunction or other appropriate interim court order.
- Steps to prevent further distribution or disposal of disputed assets.
The availability of these remedies depends on the facts and evidence.
A caveat should not be used simply to delay an estate administration or put pressure on an executor. It can lead to further legal proceedings and costs.
For official guidance, see the GOV.UK resource on stopping a probate application.
7. What Evidence Do You Need When Challenging a Will After Probate?
Evidence plays a central role in a successful will dispute.
It is not enough to suspect that the deceased was pressured or that a will was changed unfairly.
You need to establish a factual basis for your challenge.
The evidence required depends on the legal grounds being relied upon.
Medical Records
Medical records may help establish whether the deceased had a medical condition affecting their cognitive abilities when the will was made.
Relevant documents may include:
- Hospital records.
- GP records.
- Cognitive assessment reports.
- Specialist medical opinions.
- Medication records.
Medical evidence should be considered in the context of the legal test for testamentary capacity.
Previous Versions of the Will
Earlier wills and codicils may help demonstrate how the deceased’s intentions changed over time.
A sudden and unexplained change does not automatically invalidate a later will, but it may justify further investigation when combined with other evidence.
Solicitor Records
The solicitor who prepared the disputed will may have attendance notes, correspondence and other relevant records.
These documents may help establish how instructions were given and whether the deceased appeared to understand the provisions.
Access to confidential records may be subject to legal restrictions.
Witness Statements
People who interacted with the deceased around the time the will was prepared may provide relevant information.
For example, witnesses may be able to describe:
- The deceased person’s behaviour.
- Their understanding of their financial circumstances.
- Whether they appeared to be acting independently.
- Any pressure or threats they witnessed.
- The circumstances surrounding the signing of the will.
Financial and Communication Records
Bank statements, emails, letters and messages may be relevant if the dispute involves suspected fraud, coercion or suspicious financial transactions.
A solicitor can help identify which records may be obtained and used appropriately.
8. How to Challenge a Will After Probate: Step-by-Step
If you believe a will was invalid but probate has already been granted, taking a structured approach can help you understand your legal options.
Step 1: Obtain a Copy of the Will
Start by obtaining a copy of the will and reviewing its provisions.
You should establish:
- Who is named as a beneficiary.
- Who has been appointed as executor.
- Whether there are specific gifts or conditions.
- Whether the will appears to differ from previous versions.
- Whether a Grant of Probate has been issued.
A copy of the grant and relevant probate documents may also help establish when probate was granted.
Step 2: Identify Your Legal Grounds
Consider why you believe the will is invalid.
Is your concern related to undue influence, lack of testamentary capacity, fraud, forgery or failure to follow the required formalities?
It is important to distinguish between challenging the validity of a will and making a claim because you believe you have not received reasonable financial provision.
Different legal grounds require different evidence and procedures.
Step 3: Gather Supporting Evidence
Collect the documents and information that may support your concerns.
This could include previous wills, medical records, correspondence, witness details and relevant financial documents.
Keep original documents safe and avoid making unsupported allegations.
Step 4: Find Out Whether the Estate Has Been Distributed
Establish whether the executor has already transferred money or property to beneficiaries.
This information can be important when determining what legal remedies may be available.
If you believe assets are at immediate risk, seek urgent legal advice.
Step 5: Consult a Contentious Probate Solicitor
A solicitor experienced in contentious probate can assess the strength of your potential claim.
They can consider:
- Whether the will may be legally invalid.
- Whether the existing grant can be challenged.
- Whether an application to revoke the grant may be appropriate.
- Which evidence is needed.
- Whether urgent protective measures are necessary.
- The potential costs and risks of proceedings.
Step 6: Consider Negotiation or Court Proceedings
Not every will dispute needs to proceed to a full trial.
Depending on the circumstances, negotiations or mediation may provide an opportunity to resolve the disagreement.
If an agreement cannot be reached, formal probate proceedings may be necessary.
The appropriate approach will depend on the strength of the evidence, the parties involved and the remedy being sought.
9. Can a Grant of Probate Be Revoked?
Yes. A Grant of Probate may be revoked in appropriate circumstances.
For example, if a court determines that the will used to obtain probate was invalid, it may be necessary to revoke the existing grant.
This may happen where there is sufficient evidence of:
- Forgery.
- Undue influence.
- Lack of testamentary capacity.
- Failure to comply with the legal formalities.
- Lack of knowledge and approval.
The court will consider the relevant evidence and legal arguments before deciding whether the grant should be revoked.
What Happens After Probate Is Revoked?
The consequences depend on the circumstances.
If the disputed will is found invalid, an earlier valid will may become relevant.
If there is no valid earlier will, the estate may need to be administered under the intestacy rules.
A new Grant of Representation may also be required, depending on who is legally entitled to administer the estate.
Importantly, revoking probate does not automatically mean that every transaction already completed can simply be reversed.
The position of beneficiaries, purchasers and other people who have received estate assets may need to be considered separately.
10. What If an Earlier Will Exists?
Finding an earlier will after probate has been granted can significantly affect an estate dispute.
For example, imagine a person makes a will in 2018 leaving their estate equally to their three children.
In 2025, they sign a new will leaving almost everything to one child.
After probate is granted, the other children discover evidence suggesting that the deceased was pressured into signing the later document.
If the later will is successfully challenged, the earlier will may become effective, provided it is valid and has not itself been revoked.
However, simply discovering an older will does not automatically invalidate the newer document.
The legal validity of each relevant will must be considered.
A solicitor can assess whether there are grounds to challenge the later will and what evidence may support the claim.
11. How Much Does It Cost to Challenge a Will After Probate?
The cost of challenging a will after probate varies considerably.
A relatively straightforward dispute that can be resolved through correspondence or negotiation may cost less than a complex case requiring expert evidence and court proceedings.
Factors affecting the cost include:
- The complexity of the legal issues.
- The amount of evidence required.
- Whether medical or handwriting experts are needed.
- The number of beneficiaries involved.
- Whether the executor disputes the allegations.
- Whether the case proceeds to a full trial.
Court fees, legal representation and expert reports may all contribute to the overall cost.
Who Pays the Legal Costs?
There is no automatic rule that every will dispute is paid for by the deceased person’s estate.
The general approach to legal costs in probate litigation depends on the circumstances and the court’s discretion.
The court may consider the conduct of the parties, the nature of the dispute and whether the proceedings were reasonably brought.
You should discuss potential costs, funding arrangements and financial risks with your solicitor before starting proceedings.
12. Is Challenging a Will After Probate Worth It?
Whether challenging a will after probate is worthwhile depends on the strength of your legal position and the potential outcome.
You may have a stronger basis for taking action if you have credible evidence that:
- The deceased lacked testamentary capacity.
- Another person improperly influenced the deceased.
- The will was forged or fraudulently altered.
- The deceased did not understand or approve the document.
- The legal signing requirements were not satisfied.
However, a disagreement about how an estate was divided does not necessarily mean the will is invalid.
It is also important to consider the value of the estate, the cost of proceedings, the availability of evidence and whether the assets have already been distributed.
A specialist solicitor can help you evaluate the practical benefits and risks before deciding whether to proceed.
Frequently Asked Questions About Challenging a Will After Probate
1. Can you contest a will after probate has been granted?
Yes. You may be able to challenge the validity of a will after probate if there are recognised legal grounds, such as undue influence, fraud, forgery or lack of testamentary capacity. However, the process may be more complicated if the estate has already been distributed.
2. Is there a time limit for challenging a will after probate?
There is no single statutory deadline for every type of will validity challenge. However, delay can create serious legal and practical difficulties. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 generally have a six-month deadline from the date the Grant of Representation is issued.
3. Can a will be overturned after probate?
A court may determine that a will is invalid even after probate has been granted. Depending on the circumstances, the Grant of Probate may then need to be revoked and the estate administered under an earlier valid will or the intestacy rules.
4. Can I challenge a will if the estate has already been distributed?
Potentially, yes. However, recovering assets after distribution can be more complicated. The court may need to consider the rights of people who have received inheritance, whether property has been transferred and whether recovery is legally possible.
5. Can I challenge a will if I was left out?
Being excluded from a will does not automatically establish grounds to challenge its validity. However, you may have a claim if you can establish a recognised legal ground or qualify to make a claim under the Inheritance Act 1975.
6. Can I challenge a will because I believe someone pressured the deceased?
Yes, undue influence can be a legal ground for challenging a will. However, it must be supported by evidence that improper pressure overcame the deceased person’s independent decision-making.
7. Do I need a solicitor to challenge a will after probate?
You are not necessarily required to instruct a solicitor, but specialist legal advice is strongly recommended. Probate disputes can involve complex procedures, evidence requirements and potential financial risks.
8. What happens if a will is declared invalid?
If a court determines that a will is invalid, an earlier valid will may take effect. If there is no valid earlier will, the estate may be distributed under the intestacy rules. The existing Grant of Probate may also need to be revoked.
9. Can I stop an executor from distributing an estate after probate?
Depending on the circumstances, you may be able to seek an appropriate interim court order to protect disputed assets. A caveat is generally used before probate is granted and does not cancel an existing grant.
10. Can I challenge a will because I received less inheritance than expected?
Receiving less inheritance than expected does not automatically make a will invalid. However, depending on your relationship with the deceased and financial circumstances, you may qualify to bring a claim for reasonable financial provision under the Inheritance Act 1975.
Conclusion: Get Legal Advice About Challenging a Will After Probate
Receiving a Grant of Probate does not necessarily mean that a will can never be challenged.
If you discover evidence of undue influence, fraud, forgery, lack of testamentary capacity or other legal problems after probate has been granted, you may still have options.
However, challenging a will after probate can involve complex legal procedures, particularly when the executor has already distributed the estate or transferred property to beneficiaries.
Understanding the difference between a validity challenge and an Inheritance Act claim is also essential, as the applicable legal requirements and deadlines can vary.
If you believe a loved one’s will was not legally valid, obtaining specialist advice as early as possible can help you understand your rights and determine the most appropriate way forward.
Think you have grounds for challenging a will after probate?
Contest A Will Today can help you explore your options if you believe a will was created under suspicious circumstances or does not reflect the deceased person’s genuine wishes.
Contact our team to discuss your circumstances and find out what steps may be available to challenge a will in England and Wales.
