Time Limits for Contesting a Will in the UK

Understanding the Importance of Timely Will Contests

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.

How Long Do You Have to Contest a Will?

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 for financial provision 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. The court does have power to extend the time limit, however it would be necessary to for the applicant to establish sufficient grounds to take the case outset the general rule. It must be just and proper for the court to exercise its discretion to extend the time.
In certain other limited probate actions (mainly those brought by beneficiaries), the time limit to bring a claim is 12 years.

Defending a Will contest - Benefits of Consulting with Experienced Will Contesting Lawyers at Mullis & Peake:

Having a Will is important if you die without a will, the Intestacy Rules say how the money, property or possessions should be allocated. When a person dies the executors must administer the estate in accordance with the terms of the Will. It is not uncommon for individuals, family members and others to challenge a Will if they feel they’ve been excluded from the Will.

In all such instances, the importance of seeking expert legal support at the earliest possible stage cannot be overstated.

Contested Wills Enquiry

Fill out the form and a member of our team will get in touch to discuss how we can help.

Mullis & Peake will use the information you provide in this form in accordance with our privacy policy. With your consent, we may from time to time send you general updates by email or post that we think you will find of interest.This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

Frequently asked questions

If you are alleging that the Will is a fraud then there are no time limits. If you are a disappointed beneficiary then you would need to bring your claim within 12 years. And if it is the case that you are saying that the Will does not provide for you financially then that claim would need to be made within six months of the issue that granted probate or in the case of an intestacy, granted letters of administration.

Call us now for contested Will support

Our latest insights

Legal, Residential Property, Residential Property
A comprehensive guide to purchasing a house without viewing in the UK
Mar 18, 2024
Movers & Shakers, Mullis & Peake, Business
South Essex Business Expo 2024
Mar 15, 2024
Awards & Innovation, Mullis & Peake, Wills
Mullis & Peake’s Wills and Probate team wins more national awards
Mar 12, 2024
Contested Wills and Financial Provision, Legal, Contested wills and financial provision
What happens if the Original Will is lost? – ‘Losing the Will’
Mar 11, 2024
Movers & Shakers, Mullis & Peake
Money Matters: Empowering Women through Financial Awareness in Family Law
Mar 7, 2024
Court of Protection, Legal
Spring Budget 2024
Mar 6, 2024
Company & Commercial, Legal, Corporate and Commercial Law
Decoding the Legal Dimensions of Corporate Transactions: A Comprehensive Guide
Feb 26, 2024
Legal, Wills & Power of Attorney, Wills
Are Electronic Wills the future?
Feb 19, 2024
Employment Advice, Legal, Employee Legal Advice
Legal Considerations Every Employer Should Consider When Working with Freelancers
Feb 12, 2024
Employment Advice, Legal, Employment Advice
Why flexibility and rigid rules won’t mix in the workplace
Feb 12, 2024
Meet OUR people

Wills and Probate Team

Member

Manzurul Islam

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

Contact Manzurul
Chairman

Martyn Trenerry

Martyn ​is our Chairman and the firms' Compliance Officer for Legal Practice

Contact Martyn
Associate

Trudi Bates

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

Contact Trudi