Can you dispute a will after probate in UK?
Challenging a will after probate in the UK is generally more challenging than contesting it before probate. Probate is the legal process of administering the estate of a deceased person, including distributing their assets according to their will or the intestacy rules if there is no will.
Once probate has been granted, it means that the will has been accepted as valid, and the estate administration process has begun. However, there are still limited circumstances in which you may be able to dispute a will after probate:
1. Fraud or forgery: If you can prove that the will was forged or that there was fraud involved in the creation or execution of the will, it may be possible to challenge it even after probate.
2. Lack of testamentary capacity: If you believe the deceased did not have the mental capacity to make a will at the time of its creation, you may have grounds for a challenge.
3. Undue influence: If someone exerted undue influence over the deceased, forcing them to make changes to their will against their true wishes, the will may be disputed.
4. Rectification of the will: If there is a clerical error in the will, you may be able to apply for rectification. This is not exactly disputing the will but correcting a mistake in the will.
Challenging a will after probate is a complex legal process and should not be taken lightly. It is advisable to seek legal advice from a solicitor in UK who specializes in contentious probate matters. The time frame for contesting a will after probate is generally limited, so it’s essential to act promptly if you believe you have valid grounds for dispute.