Probate Appeal

Probate Appeal
Probate Appeal
Full Overview Of Probate Appeal

DLS Solicitors understands that the probate process can be complex and emotionally charged, especially when disputes arise that require a probate appeal. A probate appeal involves contesting decisions made during the probate process, such as the validity of a will or the appointment of an executor.

This guide aims to provide a detailed overview of the probate appeal process, giving you the knowledge and confidence to navigate this stage effectively. We will cover the definition and purpose of probate appeals, the roles and responsibilities involved, the steps in filing a probate appeal, and common issues that may arise.

What is a Probate Appeal?

A probate appeal is a legal process where someone challenges decisions made by a probate court regarding the handling of a deceased person’s estate. This could involve disputes about the validity or meaning of the will, the appointment or behavior of the executor, and other related issues.

Purpose of a Probate Appeal

The primary purposes of a probate appeal include:

  1. Correcting Errors: Addressing any errors or injustices that may have occurred during the probate process.
  2. Ensuring Fairness: Ensuring that the deceased’s wishes are accurately followed and that the rights of beneficiaries and other interested parties are protected.
  3. Resolving Disputes: Providing a formal mechanism for resolving disputes that arise during the administration of the estate.

Roles and Responsibilities in Probate Appeals

The Appellant

The appellant is the individual or entity filing the appeal. This could be a beneficiary, a potential heir, a creditor, or any other party with a vested interest in the estate. The appellant’s responsibilities include:

  • Identifying the grounds for the appeal.
  • Filing the necessary paperwork within the prescribed time limits.
  • Gathering and presenting evidence to support their case.
  • Engaging legal representation, if necessary, to navigate the appeal process.

The Respondent

The respondent is the individual or entity opposing the appeal, often the executor or another beneficiary. The respondent’s responsibilities include:

  • Responding to the appeal within the given timeframe.
  • Providing evidence and arguments to support the original probate decision.
  • Engaging legal representation to defend their position.

Solicitors and Legal Advisors

Solicitors and legal advisors play a crucial role in assisting both appellants and respondents during the probate appeal process. Their responsibilities include:

  • Advising on the merits of the appeal and the likelihood of success.
  • Preparing and submitting legal documents.
  • Representing their clients in court.
  • Providing guidance on legal and procedural requirements.

Grounds for Probate Appeal

Several common grounds for probate appeals can arise, including:

Invalid Will

Challenges to the validity of the will may arise based on claims of:

  • Lack of Testamentary Capacity: Arguing that the deceased did not have the mental capacity to make a valid will at the time it was executed.
  • Undue Influence: Claiming that the deceased was coerced or manipulated into making or altering the will.
  • Fraud or Forgery: Alleging that the will was forged or fraudulently created.
  • Improper Execution: Contending that the will was not properly signed or witnessed according to legal requirements.

Interpretation of the Will

Disputes may arise over the interpretation of specific provisions in the will, leading to appeals to clarify the deceased’s intentions.

Appointment of the Executor

Challenges may be made regarding the appointment or conduct of the executor, such as:

  • Inappropriate Appointment: Arguing that the executor is unfit or unable to fulfil their duties.
  • Misconduct: Alleging that the executor has mismanaged the estate or acted improperly.

Distribution of Assets

Appeals may be filed concerning the distribution of assets, particularly if there are disagreements among beneficiaries or if the distribution deviates from the terms of the will or the laws of intestacy.

Steps in Filing a Probate Appeal

Filing a probate appeal involves several key steps, each requiring careful attention to detail to ensure a smooth and effective appeal. Below is a detailed outline of these steps:

Identifying Grounds for Appeal

The first step in filing a probate appeal is to identify the specific grounds on which the appeal will be based. This involves:

  • Reviewing the probate court’s decision and identifying any errors or injustices.
  • Consulting with legal advisors to determine the validity of the appeal grounds.
  • Gathering evidence to support the appeal.

Filing the Notice of Appeal

Once the grounds for appeal have been identified, the next step is to file a notice of appeal with the appropriate court. This involves:

  • Preparing the notice of appeal, which outlines the grounds for the appeal and the relief sought.
  • Filing the notice within the prescribed time limits, typically within a few weeks to a few months from the date of the probate court’s decision.
  • Serving the notice of appeal on all interested parties, including the executor and other beneficiaries.

Preparing the Appeal Record

The appeal record is a comprehensive collection of all documents and evidence relevant to the appeal. This includes:

  • The original will and any codicils (amendments).
  • The probate court’s decision and any related orders.
  • Transcripts of probate court hearings, if available.
  • Affidavits, witness statements, and other evidence supporting the appeal.

Submitting Written Arguments

The appellant and the respondent must submit written arguments, known as briefs, to the appellate court. These briefs outline the legal and factual basis for their respective positions. This involves:

  • Appellant’s Brief: The appellant’s brief presents the arguments for why the probate court’s decision should be overturned.
  • Respondent’s Brief: The respondent’s brief counters the appellant’s arguments and supports the original probate court decision.

Attending the Appeal Hearing

The appellate court will schedule a hearing where both parties can present their arguments in person. This involves:

  • Oral Arguments: The appellant and respondent, through their legal representatives, present their oral arguments to the appellate court.
  • Questioning by Judges: The judges may ask questions to clarify the arguments and evidence presented.

Awaiting the Court’s Decision

After the hearing, the appellate court will deliberate and issue a written decision. This decision may:

  • Uphold the original probate court’s decision.
  • Overturn the original decision and provide specific instructions for correcting errors.
  • Remand the case back to the probate court for further proceedings.

Implementing the Court’s Decision

Once the appellate court has issued its decision, the executor or administrator must implement the court’s instructions. This may involve:

  • Correcting any errors identified by the appellate court.
  • Re-evaluating and re-administering the estate in accordance with the appellate court’s decision.
  • Distributing assets to beneficiaries as directed by the appellate court.

Common Issues in Probate Appeals

While the probate appeal process is generally straightforward, several common issues can arise that may complicate matters:

Time Limits

Filing an appeal outside the prescribed time limits can result in the appeal being dismissed. It is crucial to act promptly and ensure all deadlines are met.

Insufficient Evidence

A lack of sufficient evidence to support the appeal can lead to an unsuccessful outcome. Gathering comprehensive and convincing evidence is essential.

Legal and Procedural Complexities

The probate appeal process involves complex legal and procedural requirements. Navigating these complexities without expert legal advice can be challenging and may jeopardise the success of the appeal.

Emotional Strain

Probate appeals can be emotionally taxing for all parties involved, particularly when disputes arise among family members. It is important to approach the process with sensitivity and seek support when needed.


The costs associated with filing a probate appeal can be significant, including legal fees, court costs, and other expenses. Understanding and planning for these costs is important to avoid financial strain.

Resolving Common Issues

Resolving common issues in probate appeals requires careful planning, clear communication, and, in some cases, legal intervention. Here are some strategies for addressing these challenges:

Early Legal Advice

Seeking early legal advice can help identify the strengths and weaknesses of the appeal and provide guidance on the best course of action. Solicitors can assist with gathering evidence, preparing documents, and navigating the legal process.

Comprehensive Evidence Collection

Collecting comprehensive and convincing evidence is crucial to supporting the appeal. This may involve obtaining witness statements, expert reports, and other relevant documentation.


Mediation offers an effective method for resolving disputes without formal appeal. A neutral third party facilitates discussions to reach a mutually agreeable solution.

Clear Communication

Maintaining clear and transparent communication with all parties involved can help prevent misunderstandings and reduce emotional strain. Providing regular updates and explaining the process can build trust and ensure that everyone understands their roles and responsibilities.

Financial Planning

Understanding and planning for the costs associated with a probate appeal is important to avoid financial strain. Consulting with legal advisors can help provide an estimate of the likely costs and explore options for managing expenses.


When filing a probate appeal, it is crucial to understand each step of the process and fulfil all legal and procedural requirements. This ensures the process runs smoothly and the deceased’s wishes are honoured.

At DLS Solicitors, we are dedicated to providing expert guidance and support throughout the probate appeal process. Our team of experienced solicitors is here to help you navigate this challenging time with confidence and clarity, whether you are dealing with a simple appeal or a more complex situation.

Probate Appeal FAQ'S

A Probate Appeal is a legal process where an interested party challenges the decision of a probate court regarding the administration of a deceased person’s estate.

Any interested party, such as beneficiaries, heirs, creditors, or executors, who is affected by the probate court’s decision can file a Probate Appeal.

Common grounds for a Probate Appeal include claims of undue influence, lack of testamentary capacity, improper execution of the will, fraud, or errors in the probate process.

The time limit for filing a Probate Appeal can vary, but it is generally within six months from the date of the grant of probate or the decision being challenged. It is important to check specific local rules and regulations.

To initiate a Probate Appeal, the appellant must file a notice of appeal with the probate court, outlining the grounds for the appeal and providing supporting evidence. Legal advice is recommended.

During the Probate Appeal process, the appellate court will review the lower court’s decision, consider the arguments and evidence presented by both sides, and determine whether to uphold, modify, or overturn the original decision.

Generally, new evidence is not allowed in a Probate Appeal. The appellate court typically reviews the evidence and records from the original probate proceedings. However, there can be exceptions depending on the circumstances.

The possible outcomes of a Probate Appeal include affirming the original decision, reversing the decision, modifying the decision, or remanding the case back to the lower court for further proceedings.

The duration of a Probate Appeal can vary widely depending on the complexity of the case, the court’s schedule, and other factors. It can take several months to over a year to reach a resolution.

While it is possible to file a Probate Appeal without a solicitor, it is highly advisable to seek legal advice and representation due to the complex legal and procedural issues involved in the appeal process.


This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th July 2024.

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Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

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