Many people assume that once probate is granted, the will is final. But in Singapore, contesting a will after probate is still possible under specific circumstances. If you believe the will is unfair, invalid, or suspicious, you may have legal grounds to challenge it.
Here’s a simple guide to help you understand your options.
What Is Probate and What Happens After It?
Probate is the legal process that confirms a will is valid. Once probate is granted, the executor can begin distributing the deceased’s assets. However, if new information arises — like fraud or undue influence — challenging a will after probate may be an option.
Can You Legally Contest a Will After Probate in Singapore?
Yes. Contesting a will after probate in Singapore is allowed by law if there are valid reasons. These include:
- Lack of mental capacity – The person wasn’t of sound mind when writing the will.
- Undue influence – The person was pressured into changing their will.
- Fraud or forgery – The will or signature was not genuine.
- Failure to follow legal requirements – The will was not signed or witnessed properly.
- A later valid will exists – Which would override the earlier one.
Who Can File a Probate Challenge?
Not everyone can challenge a will. Under Singapore law, contesting a will after probate is usually limited to:
- Spouses and children of the deceased
- People financially dependent on the deceased
- Those promised something from the estate
- Beneficiaries from previous wills
Time Limit for Contesting a Will After Probate in Singapore
The law sets a time limit for challenging a will after probate:
- For family provision claims (under the Inheritance (Family Provision) Act), the deadline is 6 months from the grant of probate.
- For fraud or forgery claims, there is no fixed time limit, but early action is strongly advised.
What Happens If a Will Is Successfully Contested?
When a court agrees that a will is invalid, several outcomes are possible:
- An earlier valid will may be used
- The estate may be distributed under intestacy laws if no valid will exists
- The court may order a fairer distribution, especially for dependants left out of the will
Steps to Take When Contesting a Will After Probate
If you’re thinking of contesting a will after probate, here’s what you should do:
- Speak to a probate lawyer as soon as possible
- Gather evidence – e.g. medical records, earlier wills, witness statements
- File your claim in court
- Attend mediation or a hearing to resolve the matter
Conclusion: Should You Challenge a Will After Probate?
Contesting a will after probate is possible — but it must be done correctly and for valid legal reasons. If you have doubts about a will’s fairness or legality, don’t delay. Get professional legal advice early to protect your rights.
At Adel Law LLC, we help clients in Singapore navigate will disputes, probate issues, and inheritance claims. Contact us today for clear, confidential advice.
