Time Limit in Contesting a Will

Is there a time limit for contesting a Will?

It is fundamentally important to establish the correct time limit at the outset of any claim. There are a number of possible time limits in probate and inheritance claims, which will depend upon the individual circumstances of each case.

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Generally speaking, in claims to challenge the validity of a Will, there is no time limit. However, if a person delays in bringing their claim then the court may hold that as a result of this delay the person is no longer entitled to bring the claim. Further the court may strike out a claim if it is “frivolous or vexatious or is for other reasons an abuse of process”.

In claims under the Inheritance (Provision for Family and Dependants) Act 1975, the time limit is six months from the date of the Grant of Probate or Grant of Letters of Administration.

In certain other limited probate actions (mainly those brought by beneficiaries), the time limit to bring a claim is 12 years.

To avoid any problems and to ensure you do not fall foul of a time limit, it is imperative any claim is brought quickly.

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Wills and Probate Team

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Manzurul is a ​Member and heads our Wills and Probate team.

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Trudi Bates

Trudi is an Associate at Mullis & Peake, with extensive experience in the Wills and Probate field.

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