Time limit to contest a will

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer, and I would be happy to help you with this.

The time you have to contest a will in England and Wales depends entirely on your reasons for challenging it. The clock usually starts ticking from the date the grant of probate is issued, rather than the date the person died.

Here is a breakdown of the different time limits depending on your situation.

If you were left out or not provided for adequately:
If you are a family member or dependant claiming that the will does not make reasonable financial provision for you, this falls under the Inheritance (Provision for Family and Dependants) Act 1975. You have exactly six months from the date the grant of probate is issued to make this type of claim. It is sometimes possible to get an extension from the court to apply out of time, but this can be quite difficult to achieve.

If you believe the will is invalid:
You might want to argue that the will is legally invalid because the person lacked the mental capacity to make it, was pressured into signing it, or because the document was forged or not witnessed correctly. Legally, there is no strict time limit for challenging the validity of a will. However, in practice, you must act as quickly as possible. Courts do not look favourably on unexplained delays, and if you wait too long and the estate has already been shared out, it becomes incredibly difficult to recover the money or property limit.

If there is a mistake in the will:
If a clerical error was made or the person who drafted the will failed to understand the deceased's instructions, you can apply for the will to be rectified. You have six months from the date the grant of probate is issued to do this.

If there has been fraud:
There is no time limit for bringing a claim if you can prove that fraud has taken place.

Practical next steps:

1. Stop the grant of probate if you can. If probate has not yet been granted, you can easily lodge a caveat with the Probate Registry. A caveat is a written notice that stops anyone from getting probate and distributing the estate for six months. This gives you breathing room to investigate your concerns or try to reach a compromise.

2. Check if probate has been granted. If you are not sure, you can search the online government probate registry to see if a grant has already been issued. This will tell you if the six month countdown has started for certain claims.

3. Gather your documents and evidence. Collect anything that supports your case, such as medical records, written communications, earlier versions of the will, or financial documents showing your dependence on the deceased.

4. Try to open a dialogue. Court action should usually be a last resort because it is expensive, stressful, and can take a very long time. Reaching out to the executors or beneficiaries to discuss your concerns, perhaps using an independent mediator, can often lead to a settlement without having to step foot in a courtroom.

Things to keep in mind:
Exactly how much time you have and which route is best will depend on the specific legal grounds of your challenge, whether a grant of probate has actually been issued yet, and whether the executors have already started handing out the assets. Acting early is always the safest course of action to ensure your rights are protected.