It is never too late to bring a probate claim

“This is an unusual probate claim in that the Deceased says she is very much alive.”

Yes, you read that correctly. That is the striking opening line of Deputy Master Linwood’s judgment in Ashimola v Samuel [2025] EWHC 502 (Ch), a genuine case heard in the Chancery Division of the High Court of England and Wales.

The case revolved around a woman, Ms Ashimola, who discovered, to her shock, that a Grant of Probate had been issued in relation to her “estate” - despite the fact that she was very much alive. The Judge found that the death certificate was based on a false medical certificate. After hearing Ms Ashimola’s evidence, Deputy Master Linwood accepted that Ms Ashimola had not died and subsequently revoked the Grant of Probate.

While the case may seem extraordinary, it highlights an important legal principle: a Grant of Probate can be challenged and overturned if it has been obtained fraudulently or improperly. In this instance, the steps taken to obtain the Grant of Probate were unusually extreme - faking Ms Ashimola’s death and various other legal documents. However, in many cases, the steps taken by someone to lay their hands on someone’s fortune are far more subtle and can go undetected until after probate has been granted.

When can a Grant of Probate be challenged?

A Grant of Probate is a legal document that gives the executor authority to manage and distribute the deceased’s estate in accordance with their will (or intestacy rules if there is no will). Once issued, it is often assumed that probate is final. However, as this case shows, that is not always the case.

A Grant of Probate may be revoked or set aside in certain situations, including:

• Fraud or forgery: As seen in Ashimola v Samuel, if the application for probate is based on forged documents or false information, the court has the power to revoke the grant.
• Lack of capacity: If the deceased lacked mental capacity when making the will, this could form the basis for challenging the grant.
• Undue influence: If it is suspected that the deceased was pressured or coerced into making certain decisions regarding their estate, this may warrant an investigation.
• Lack of knowledge and approval: If the deceased had the capacity to understand the nature and effect of their will but did not, in fact, know or approve of its contents, this can be a reason to set aside a Grant of Probate.
• Failure to comply with formalities: If a will is not executed properly and that will is proved, the resulting Grant of Probate can be set aside.

Timing is crucial but not necessarily final

This case serves as a reminder that it is never “too late” to bring a probate claim. Even after a Grant of Probate has been issued, the court has the power to intervene and revoke it if there are grounds to do so.

That said, acting quickly is essential. The longer you wait, the more complex matters can become - especially if the estate has already been distributed. Recovering funds or property that have passed to third parties can be difficult and, in some cases, impossible. If you have concerns about the validity of a will or the way an estate is being handled, seeking legal advice is crucial.

The full judgment can be read here: https://lnkd.in/efvUECeM

How we can help

Our specialist contentious probate team is highly experienced in advising clients on challenging Grants of Probate and resolving disputes involving estates.