Frequently, we are contacted by unhappy family members or disappointed beneficiaries with the question, can I contest a will after probate has been issued ?
The simple answer is Yes. However, for reasons which we outline below, it is really important ( if at all possible ) to seek legal help immediately after a persons death as opposed to waiting until after probate has been issued.
Very often someone may have died and the executor is refusing to give you a copy of the will, or you know something just isn’t quite right, if this is the case then the best thing to do is to issue a Caveat. This prevents a grant of probate and enables questions to be asked gives the person contesting the will, time to gather evidence in order to see whether there are grounds to challenge the will. A caveat once issued lasts for 6 months and can be renewed at the expiry of the 6 months.
The issue of a caveat also has other benefits. By preventing probate this prevents the assets of the deceased ( that require a grant of probate ) being collected and distributed. In addition in our experience a caveat also provides that the person entering it a greater degree of power when negotiations after undertaken if the will can be legitimately challenged.
If you need help with contesting a will, please call us on 01482 429985 or e-mail firstname.lastname@example.org