Time Limits for Contesting a Will

Strict time limits apply to some claims against an estate, and missing a deadline can mean losing the right to bring a claim. The limit depends on the type of claim and on whether a grant of representation has been issued. Acting early also helps preserve evidence.

We can advise you on which time limits apply to your circumstances and make sure any claim is issued in time.

Why Time Limits Matter

Once a time limit has expired, the court may refuse to hear a claim, however strong it is. Early advice avoids missed deadlines and preserves your right to bring or defend a claim.

Key Deadlines for Will Disputes

• Inheritance Act 1975 claims: Must be issued within six months of the date of the grant of representation (probate or letters of administration). A claim can also be made before a grant is issued.
• Rectification claims: Six months from the grant, although the court can give permission for a later application.
• Challenges to validity (lack of capacity, undue influence, lack of knowledge and approval, improper execution): Generally no fixed time limit, but a challenge should be raised as early as possible, and ideally before the estate is distributed.
• Fraud or forgery: No fixed time limit, but a claim should be made promptly once the fraud is discovered.
• Claims by beneficiaries for their share of the estate: Generally twelve years from the date the right to receive it arose.

If a deadline has passed, the court can sometimes allow a late Inheritance Act or rectification claim, but permission is discretionary and the delay must be explained.

When Probate Has Not Yet Been Granted

A will can be challenged before a grant of probate is issued. Where there is a genuine concern about validity, a caveat can be entered at the Probate Registry. This prevents a grant being issued for six months, and can be extended, while the concern is investigated. We can advise on whether a caveat is appropriate and enter it on your behalf.

Extending or Reopening Time Limits

The court has discretion to extend time limits in certain situations, but this is not guaranteed. You will need to explain the reasons for delay and show that the other parties will not suffer unfair prejudice. Our solicitors can prepare an application for extension if there is a valid justification for the delay.

Defending a Late Claim

If someone brings a claim after the time limit has passed, it may still proceed if the court allows it. We act for executors and beneficiaries defending against late claims, ensuring that your position and the deceased’s wishes are protected.

Why You Should Act Quickly

Early action allows time to gather evidence, assess the claim’s strength, and attempt resolution through mediation before court proceedings. Delays can increase costs, create unnecessary tension, and risk missing critical deadlines.

Next Steps

If you are considering a claim against an estate, or have been notified of one, take advice promptly. We will confirm which time limits apply, what needs to be done and by when.

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