Probate is the process of dealing with the estate of someone who has died, including distributing assets to beneficiaries and paying debts. While it’s a simple process most of the time, there are occasions when people may want to contest probate. This guide explains how to contest probate in the UK. What is Probate
Application for Probate: The executor applies for a Grant of Probate if the deceased left a will. If there is no will, the administrator applies for Letters of Administration. Asset
Valuation: The estate’s assets are valued to see if there’s any inheritance tax to pay.
Inheritance Tax Payment: Any inheritance tax must be paid before the grant is issued.
Distribution of Estate: Once probate is granted the executor/administrator distributes the estate according to the will or intestacy rules.
Reasons to Contest Probate
Contesting probate usually involves challenging the will or the actions of the executor.
Reasons include: Lack of Testamentary Capacity: The deceased didn’t have the mental capacity to make a valid will. Undue Influence: The deceased was pressured or coerced into making the will. Fraud or Forgery: The will is the result of fraud or has been forged. Failure to Comply with Formalities: The will doesn’t meet the legal requirements, e.g. not properly signed and witnessed.
How to Contest Probate
Preliminary Steps Gather Evidence: Collect any evidence to support your claim. This may include medical records, witness statements and any documentation to support undue influence or fraud. Get Legal Advice: Speak to a probate dispute solicitor to assess your case and guide you through the process. Enter a Caveat What is a Caveat? A caveat is a formal notice to stop the grant of probate or letters of administration. It freezes the probate process. Filing a Caveat: You can enter a caveat by completing a form (Form PA8A) and sending it to the Probate Registry with the fee. You can do this online, by post or in person. Duration and Renewal: A caveat lasts for six months and can be renewed. If the dispute isn’t resolved within this period you may need to extend the caveat. Issuing a Warning Response to Caveat: If someone has entered a caveat against the estate you are involved with you can issue a warning. This is a formal request for the caveator to state their grounds for opposing probate. Caveator’s Response: The caveator must respond with an appearance, explaining why they are opposing probate. If they don’t respond the caveat can be removed. Resolving the Dispute Negotiation and Mediation: Try to resolve the dispute through negotiation or mediation. This is a cheaper and less confrontational option. Court Proceedings: If mediation fails the case will go to court. The court will hear evidence from all parties and make a decision on the will or the executor’s actions.
Outcomes
Will is Upheld: If the court finds the will is valid probate will proceed as normal. Will is Invalid: If the court invalidates the will the estate will be distributed according to a previous valid will or the rules of intestacy if there is no other will. Executor Removed: The court may appoint a new executor if the current one is found to be unsuitable.
Costs and Considerations Legal Fees: Contesting probate can be costly. Legal fees can add up quickly especially if it goes to court. Time and Stress: Probate disputes can be long and emotionally draining. Consider the impact on relationships and personal well-being. Alternative Dispute Resolution: Consider mediation to save time and cost.
Summary Contesting probate in the UK is a complicated process that requires thought and legal knowledge. If you have grounds to contest the probate you need to act quickly, gather evidence and get legal advice. Knowing the process and the outcomes will help you navigate this difficult situation. Disclaimer: This article is for information only and not legal advice. Always get advice from a qualified solicitor.
