Will Disputes After Probate Has Been Granted: What Do I Do Now?

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A Grant of Probate can feel like the finish line — it's the court's formal confirmation that a will is valid and that the executor has authority to administer the estate. But probate being granted doesn't necessarily mean the matter is settled. Disputes can, and do, arise afterward. If you're a beneficiary, family member, or even the executor facing a dispute post-probate, here's what you need to know.

Probate Isn't the End of the Road

Many people assume that once probate is granted, the will is beyond challenge. That's not quite right. Probate confirms the document is the last valid will and authorises the executor to act — it doesn't rule out later disputes about the estate itself, how it's being administered, or whether the will properly provided for certain people.

Common Types of Post-Probate Disputes

Family Provision Claims

Even after probate, an eligible person (such as a spouse, child, or in some cases a dependant) who believes they haven't been adequately provided for can bring a family provision claim. These claims are time-limited — generally 12 months from the date of death in NSW — so acting promptly is essential.

Challenging the Validity of the Will

It's still possible to challenge a will's validity after probate, though it's more difficult once the Grant has been made. Grounds might include lack of testamentary capacity, undue influence, fraud, or improper execution. This typically involves applying to revoke the Grant.

Disputes About Estate Administration

Sometimes the will itself isn't in question, but how the executor is carrying out their duties is. Beneficiaries may raise concerns about delays, lack of communication, questionable expenses, or a perceived conflict of interest on the executor's part.

Disagreements Between Executors or Beneficiaries

Where there's more than one executor, disagreements about how to administer the estate can bring things to a standstill. Beneficiaries may also dispute how assets are being valued or distributed.

What Should You Do If You Want to Dispute a Will After Probate?

1. Act quickly. Time limits apply to most claims, and they can be strict. The sooner you seek advice, the more options remain available to you.
2. Gather your documentation. Correspondence, medical records, evidence of your relationship with the deceased, and details of your financial circumstances can all be relevant, depending on the type of claim.
3. Get advice on your standing. Not everyone is eligible to bring a claim — eligibility depends on your relationship to the deceased and the type of dispute.
4. Consider mediation first. Many estate disputes are resolved through negotiation or mediation rather than going to court, which can save significant time, cost, and family strain.
5. Speak to a wills and estates lawyer before contacting the executor directly. Getting the right advice early helps you understand your position and avoid saying or doing anything that could weaken your claim.

If You're the Executor

If a dispute is raised against the estate, you have obligations too — including, in many cases, pausing distributions until the matter is resolved. Distributing the estate while a claim is on foot can expose you to personal liability, so it's important to get advice on how to proceed the moment a dispute emerges.

Whether you're considering a claim or you're an executor facing a dispute, early advice makes all the difference. Our wills and estates team can help you understand your options and the best path forward.

Get in touch with Browne Linkenbagh today.

 

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