Many people assume that once probate has been granted, the will is final and nothing can be done. That is not the case. A grant of probate is the court’s confirmation that the executor may administer the estate. It is not a ruling that the will is valid, and it does not close the door on claims.
What changes after the grant is urgency. Time limits start to run, the executor gains the power to sell and distribute, and the practical task of recovering assets becomes harder with every month.
Specialist solicitors can often act quickly, and where a claim has merit they may take it on a genuine No Win No Fee basis. The sooner you speak to one, the more options remain. Call 0161 532 8111 for a free initial review.
What a grant of probate actually is
When an executor applies for probate, the Probate Registry checks that the will appears to be properly signed and witnessed and that the application is in order.
It does not investigate whether the deceased had capacity, whether anyone pressured them, or whether they understood what they signed. A grant in these circumstances is called a grant in common form, and it can be challenged.
Only a grant in solemn form, made by a court after a contested hearing, settles the validity of a will. Very few grants are made this way.
Challenging the will’s validity after the grant
The grounds are the usual ones: the will was not properly signed and witnessed, the deceased lacked capacity, did not know and approve the contents, was unduly influenced, or the will is a forgery.
If you believe the will is invalid on any of these grounds, the claim is for revocation of the grant and a declaration that the will is not valid, brought as a probate claim under Part 57 of the Civil Procedure Rules.
If it succeeds, the grant is revoked and a new grant issued in respect of the earlier will, or letters of administration if there is no earlier will.
There is no fixed time limit for challenging validity. But claims to recover assets from those who received them can face a twelve year limit, the court can refuse relief where a claimant has delayed unreasonably to the prejudice of others, and the practical problem of distribution grows with time.
A related claim, to rectify a will that contains a clerical error, must be brought within six months of the grant.
What if the estate has already been distributed?
The claim can still be brought. If it succeeds, the beneficiaries who received the estate under the invalid will hold what they received for the true beneficiaries, and can be ordered to return it.
Where they have spent it or passed it on, recovery becomes more difficult, and the executor may be personally liable if they distributed with notice of the dispute.
This is why the first step after the grant is usually a letter to the executor putting them on notice. An executor who distributes after receiving such a letter does so at their own risk.
Inheritance Act claims after the grant
A claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 must be issued within six months of the grant.
If probate has just been issued, you are within time and should act now. If the six months has passed, the court can give permission for a late claim, but only if there is a good reason.
In Cowan v Foreman [2019] EWCA Civ 1336 the Court of Appeal allowed a widow’s claim around seventeen months late, where the delay was explained and the estate was still intact.
In O’Herlihy v Taylor [2026] EWHC 505 (Ch) permission was refused. The claim was more than four years late, the estate had been fully distributed, and the court found the claim itself had no real prospect of success. Delay, distribution, and merits all count.
Do not rely on an informal agreement with the executor to pause the clock. The Court of Appeal in Cowan said the parties cannot give away time that belongs to the court. Only issuing a claim protects you.
Executors are protected if they distribute more than six months after the grant without notice of a claim. Before that point, they distribute at their own risk. A letter within the six months preserves your position against the executor as well as the beneficiaries.
Claims against the executor after the grant
The grant is also the point at which the executor’s duties bite. If they delay, refuse to account, sell property cheaply, or help themselves, beneficiaries can apply for accounts, for directions, or for the executor’s removal under section 50 of the Administration of Justice Act 1985.
In Goodman v Goodman [2013] EWHC 758 (Ch) the court confirmed that this power exists both before and after the grant.
What to do in the first week
- Obtain a copy of the will and the grant. Once probate is issued, both are public and can be obtained from the Probate Service.
- Note the date of the grant. The six month period for an Inheritance Act claim runs from this date.
- Write, or have a solicitor write, to the executor putting them on notice of your concerns and asking them not to distribute.
- Gather what you have: earlier wills, correspondence, anything showing the deceased’s intentions or state of health.
- Get specialist advice. The free initial review will tell you which claims are available and how urgent each one is.
What you cannot do after the grant
You cannot lodge a caveat. A caveat prevents a grant being issued, and once the grant exists it has no effect. The equivalent protection after the grant is the letter of notice and, if necessary, an urgent application to the court to restrain distribution or sale.
Frequently asked questions
The executor says the will has been proved and cannot be challenged. Is that right?
No. A grant in common form proves only that the will was accepted by the registry on the papers. Its validity can be challenged in court.
Probate was granted a year ago. Is it too late?
For a validity challenge, no, although delay must be explained. For an Inheritance Act claim, you would need the court’s permission, and the chances depend on the reasons for delay and whether the estate has been distributed. Get advice immediately.
The house has already been sold. Can I still claim?
Possibly. A sale to an innocent buyer will not be undone, but the proceeds can be traced and the executor or the beneficiaries who received them can be ordered to account.
Can I find out whether probate has been granted?
Yes. The Probate Service has an online search. You can also apply for a standing search, which notifies you if a grant is issued in the next six months.
What does No Win No Fee actually cost me?
If the claim succeeds, the solicitor’s success fee and any insurance premium usually come out of the sum recovered. If it fails, you pay nothing towards your solicitor’s fees. The solicitor explains the terms in writing before you sign. There is no fixed minimum claim value. Each case is assessed on its own merits.
Will I have to go to court?
Most inheritance disputes settle through negotiation or mediation, often within months. A hearing is the exception, and your solicitor may recommend settlement where it is in your interests.
How C-PAID can help
C-PAID puts you in touch with specialist contentious probate solicitors experienced in claims after a grant. The review is free and the solicitor will assess what can be done. Where they take on your case, they act on a genuine No Win No Fee basis.
Once probate has been granted, every week counts. Contact us today or call 0161 532 8111.
This article is for general information only and does not constitute legal advice. Every case depends on its own facts. C-PAID does not provide legal advice. We help connect people with specialist contentious probate solicitors.
