Yes, probate can be contested in the UK, though doing so is often complex, time-consuming and costly. A person can challenge the process or the contents of a will if they believe something is legally or ethically wrong. For instance, undue influence, lack of mental capacity or fraud.

Although challenging probate is not especially common, it is on the rise. In England and Wales, disputes over wills and estates have increased by more than 35 percent in the last 5 years. As property values and family structures grow more complicated, more people are finding reasons to question how an estate is being handled.

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What Is Probate and why might it be contested?

Probate is the legal process of administering someone’s estate after they die. It gives the executor the right to collect the deceased’s assets, settle debts and distribute the estate according to the will or the law and can usually take around 9-12 months.

Probate can be contested for various reasons. These usually fall into two main categories which are challenges to the validity of the will itself, or complaints about how the probate process is being carried out.

Who can contest Probate?

Generally, only those with a direct interest in the estate can challenge probate. This usually includes beneficiaries named in the will, people who were promised something or those who would inherit if there was no valid will.

Spouses, civil partners, children, stepchildren and even cohabiting partners may have grounds to contest. However, distant relatives or unrelated individuals who are not financially affected by the estate are unlikely to have legal standing.

On what grounds can you contest Probate?

There are several legal grounds to contest probate in the UK. The most common is lack of testamentary capacity, where the person who made the will wasn’t of sound mind at the time. This can apply if the deceased had dementia or another condition affecting judgement.

Another reason is undue influence, where someone close to the deceased may have pressured them into making a will that does not reflect their true wishes. Fraud, forged signatures and mistakes in how the will was signed or witnessed are also valid grounds.

Can you contest a Will just because you disagree with it?

No, simply being unhappy with the contents of a will is not enough. The law doesn’t allow challenges based on disappointment or a sense of unfairness alone. 

However, if you relied on the deceased financially and were excluded from the will, you may have a case under the Inheritance (Provision for Family and Dependants) Act 1975. Under this law, a dependent who believes they have been left without “reasonable financial provision” can make a claim against the estate, even if the will itself is valid.

How long do you have to contest Probate?

Timelines vary depending on the nature of the claim. If you are contesting the validity of a will, ideally you should do so before probate is granted. Once probate has been issued, stopping the process becomes harder but not impossible.

For claims under the Inheritance Act, the deadline is 6 months from the date probate is granted. Acting quickly is essential, and it is wise to seek legal advice as soon as you suspect something is wrong.

What happens during a Probate dispute?

Once a challenge is made, the probate process can be paused by placing a “caveat” at the Probate Registry. This stops probate from being granted until the dispute is resolved. The case may then move to negotiation, mediation, or, in some cases, court proceedings.

Most probate disputes are settled out of court through compromise. However, if the case does go to court, it can take months or even years and result in significant legal costs which may reduce the overall value of the estate.

What are the costs of contesting Probate?

Legal fees in probate disputes can be high. Depending on the complexity, costs can easily reach £10,000 or more per side. If a case goes to court and you lose, you may also be ordered to pay the other party’s legal fees.

Due to this, solicitors usually encourage mediation and early settlement where possible. However, if a genuine injustice has occurred, taking action may be necessary to protect your rights or those of dependants.

How can you prevent Probate disputes?

The best way to prevent probate being contested is to ensure the will is clear, valid and up to date. Using a solicitor to draft or review a will greatly reduces the chance of legal challenge. It also helps to discuss your wishes with family members in advance to avoid future confusion or resentment.

For people with complex estates or potential family tension, leaving a letter of wishes can be helpful. Although not legally binding, this document explains the reasoning behind decisions and can sometimes help defuse disputes.

To sum up, probate can be contested in the UK, but doing so is rarely straightforward. There must be strong legal grounds such as undue influence, lack of capacity or financial need. Contesting probate can delay inheritance, damage family relationships and reduce the value of the estate through legal fees.

That said, if you believe a will is genuinely flawed or unfairly excludes someone who was dependent on the deceased, it may be right to act. Understanding the rules, acting quickly and seeking legal advice will give you the best chance of resolving the matter fairly and efficiently.