Handling a Probate Application When the Will Is Contested or Disputed

Applying for probate using the PA1P form is the usual process when there is a valid and uncontested will. However, if the will is contested or disputed, the process becomes more complex and requires careful legal consideration.

What Does It Mean if the Will Is Contested?

A will is contested when someone challenges its validity or the distribution of the estate set out in it. This may occur if a beneficiary believes the will was made under duress, fraud, or that the deceased lacked the mental capacity to make the will. Disputes can also arise if someone feels they have not been adequately provided for under the will.

Can You Still Use Form PA1P?

The PA1P form is intended for straightforward probate applications where the will is accepted as valid and there are no disputes about the estate. If the will is contested, submitting the PA1P form on its own may not be appropriate. In such cases, the court generally needs to resolve the dispute before granting probate.

Steps to Take if the Will Is Disputed

1. Seek Legal Advice: It is important to consult a solicitor experienced in probate and contested wills. They can advise you on your rights, the best course of action, and represent your interests throughout the process.
2. Avoid Applying for Probate Immediately: Applying for probate while a dispute is ongoing can complicate matters. The probate registry may delay or refuse to grant probate until disputes are resolved.
3. Consider Mediation or Negotiation: Disputes can sometimes be resolved out of court through mediation or negotiation, which may save time and costs.
4. If Court Proceedings Are Necessary: The dispute may lead to a claim under the Inheritance (Provision for Family and Dependants) Act 1975 or a challenge to the will’s validity. The court will then determine who is entitled to apply for probate.

What Happens After the Dispute Is Resolved?

Once the dispute is resolved—either by agreement or court order—the party entitled to administer the estate can apply for probate using the PA1P form. At this point, the will is accepted as valid, or a court order clarifies entitlement to apply for probate.

Practical Example

For example, if a deceased person left a will naming their eldest child as executor, but another sibling disputes the will’s validity on the grounds of undue influence, the siblings might attempt mediation or the challenger might issue court proceedings. Until the dispute is settled, the named executor should not submit the PA1P form. After resolution, either the original executor or the person entitled by the court can complete the probate application.

Summary

• The PA1P form is intended for probate applications where the will is uncontested and accepted as valid.
• If the will is contested, do not submit the PA1P form until the dispute is resolved.
• Seek legal advice promptly to understand your position and options.
• Contested wills often require court involvement before probate can be granted.

For the most reliable guidance, always check official sources or consult legal professionals, as contested probate matters can involve complex legal issues beyond the scope of standard application forms.

Official reference: https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will. Always check the latest official guidance. Related forms: Browse our form category.

Important: This article provides general information. Government rules, forms and procedures can change, and this article may not reflect the latest updates. Check current GOV.UK guidance or the relevant authority before relying on it. ITG & Co. is independent and is not affiliated with a government department.