There isn’t one set deadline for contesting a will in England and Wales. How long you have to contest a will in the UK depends on the type of claim you are making. Some claims must usually be brought within six months, while challenges to the validity of a will are not subject to the same fixed statutory deadline.

If you want to contest a will, getting the timing right is important. Once probate has been granted and estate assets have been distributed, a dispute becomes more difficult and expensive to resolve. As time passes, evidence will also become harder to obtain.

In this guide, the contentious probate solicitors at Clough and Willis explain the main time limits for contesting a will, when those deadlines start to run, and what can happen if probate has already been granted or the estate has been distributed.

How Long Do You Have to Make an Inheritance Act Claim?

An application under the Inheritance (Provision for Family and Dependants) Act 1975 must normally be made within six months from the date on which representation with respect to the estate is first taken out. This is set out in section 4 of the act.

In practical terms, the relevant grant will often be a grant of probate where there is a valid will, or letters of administration where there is not. The exact position can be more technical where there has been a limited or unusual grant, so the date should be checked rather than assumed.

An Inheritance Act claim does not usually argue that the will is invalid. Instead, the person making the claim accepts the will or intestacy position but argues that it fails to make reasonable financial provision for them.

Potential applicants include certain family members and people who were financially dependent on the deceased. Depending on the circumstances, this may include a spouse or civil partner, former spouse or civil partner, child, qualifying cohabitant, a person treated as a child of the family, or someone maintained by the deceased.

A claim can sometimes be brought after the six-month time limit, but only with the permission of the court. The court will consider the circumstances of the delay and the wider merits and practical position of the claim.

For that reason, anyone considering an Inheritance Act claim should seek legal advice well before the six-month period expires. Ongoing discussions with executors, beneficiaries or family members should not be treated as a substitute for checking and protecting the formal deadline.

Is There a Time Limit for Challenging the Validity of a Will?

There is no fixed statutory limitation period for a probate claim challenging whether a will is valid, but that does not mean a person can safely wait indefinitely.

A will may be challenged on grounds including:

• lack of testamentary capacity
• undue influence
• lack of knowledge and approval
• fraud or forgery
• failure to comply with the legal formalities for executing a will

Our guide to the grounds for contesting a will explains these issues in more detail.

For example, a claim based on testamentary capacity may require medical records, evidence from the solicitor who prepared the will and statements from people who knew the deceased at the relevant time. A claim based on undue influence may depend on evidence about the relationship between the deceased and the person said to have exerted pressure.

That evidence can become harder to obtain as time passes. Witnesses may forget key details and documents may no longer be available.

There are also specific claims connected with wills that do carry a six-month time limit. For example, an application to rectify a will because of a clerical error or a failure to understand the testator's instructions is subject to the time limit in section 20 of the Administration of Justice Act 1982, unless the court gives permission for a later application.

Can You Contest a Will After Probate Has Been Granted?

A will can still be contested after probate has been granted. A grant of probate confirms the executor's authority to administer the estate; it does not automatically prevent a later challenge to the validity of the will.

However, the stage reached in the administration of the estate also plays a part. Once probate has been granted, executors can usually collect assets, settle liabilities and begin distributing the estate to the beneficiaries named in the will.

This means a claim made after probate can be more complicated than one raised before the grant. If estate assets have already been transferred, sold or spent, further steps may be needed to identify what happened to them and determine whether recovery is possible.

The position also depends on the type of claim. An Inheritance Act claim still has its own six-month deadline linked to the grant of representation. A validity claim does not have that same statutory deadline, but delay may make the evidence and recovery position much more difficult.

If you need more information about what executors do after a grant is issued, our probate and estate administration page explains the main stages of administering an estate.

Can a caveat stop probate from being granted?

A caveat can stop a grant of probate or letters of administration from being issued while certain disputes are considered. According to government guidance on stopping a probate application, a caveat may be used where there is a dispute about matters such as whether a will exists, whether it is legally valid or who is entitled to apply for probate.

A caveat initially lasts for six months and can be extended for further six-month periods in accordance with the Probate Registry process. It must be entered before probate is granted.

A caveat is not suitable for every inheritance dispute. Whether one should be entered depends on the legal issue involved and what the person entering the caveat is trying to achieve. It can also lead to further legal proceedings and costs if it is challenged, so expert legal advice should be sought before using it as a tactical step.

What Happens if the Estate Has Already Been Distributed?

A distributed estate does not automatically mean that every possible claim has ended, but it can make a dispute more complicated.

Before distribution, the estate assets remain under the control of the personal representatives. This can make it easier to preserve the assets while the parties establish whether there is a legitimate claim.

After distribution, money or property may have passed to one or more beneficiaries. Depending on the type of claim and the facts, it may then be necessary to consider whether assets can be recovered from a recipient, whether an executor or administrator may be liable, or whether another remedy is available.

Different limitation rules can apply to these claims. For example, section 22 of the Limitation Act 1980 generally sets a 12-year period for a claim to the personal estate of a deceased person or a share or interest in that estate, running from the date the right to receive the share or interest accrued. This is not necessarily the date of death.

Claims involving trustees or personal representatives can be more complex. Section 21 of the Limitation Act 1980 contains a six-year rule for certain breach of trust claims, but also important exceptions, including some fraudulent breaches of trust and claims to recover trust property still held by a trustee or converted to the trustee's own use.

If the concern is specifically about how an executor has managed the estate, our executor disputes team can advise on the executor's duties, estate accounts and the options available where those duties may not have been met.

What Should You Do if the Time Limit Is Approaching?

If the end of a limitation period may be close, the priority is to establish what type of claim you have and the date by which formal action must be taken.

Useful early steps may include:

1. Get a copy of the current will and any grant of probate. This helps establish what document is being relied on and whether probate has already been granted.
2. Identify the legal grounds for the claim. A validity claim, Inheritance Act claim and beneficiary claim can have very different time limits.
3. Gather relevant evidence. Depending on the dispute, this may include previous wills, medical records, correspondence, financial records, estate accounts and information about how the will was prepared.
4. Find out whether the estate has been distributed. This can affect both the urgency of the case and the remedies that may be available.
5. Seek expert legal advice promptly. A solicitor can establish the applicable deadline and advise whether immediate action, such as issuing a formal claim or considering a caveat, is appropriate.

Do not assume that sending a written request, making a complaint or opening settlement discussions automatically stops time from running. The effect of negotiations on limitation depends on the legal context and any formal agreement between the parties.

Where fraud, deliberate concealment or a mistake is alleged, section 32 of the Limitation Act 1980 can postpone the start of a limitation period in certain cases until the claimant discovered, or could with reasonable diligence have discovered, the relevant fraud, concealment or mistake. This is a technical provision and should not be relied on without advice on the particular facts.

Can You Contest a Will After the Time Limit Has Passed?

Sometimes, but the answer depends on the type of claim and why the deadline has been missed.

For an Inheritance Act claim, the court has power to permit an application after the normal six-month period. A person making a late application must ask the court for permission, but you should not assume that you will still be able to claim simply because there is an explanation for the delay.

A rectification claim under the Administration of Justice Act 1982 also requires the court's permission if it is started after its six-month period.

For a validity claim, the issue is different because there is no equivalent fixed statutory limitation period for the probate claim itself. However, a long delay can still damage the viability of the case. The estate may have been distributed, evidence may have deteriorated and the court may have to consider arguments based on delay, acquiescence or the practical purpose of the proceedings.

Other claims connected with an estate may be governed by the Limitation Act 1980. There is therefore no safe general answer to the question “how long do you have to contest a will?” without first identifying what legal claim is actually being proposed.

If you think a deadline has already passed, you should speak with us for timely advice, rather than assuming that the claim is automatically over. Equally, do not assume that the court will extend a strict time limit. The position needs to be assessed against the specific facts and relevant legislation.

Do You Have to Go to Court to Contest a Will?

Many will disputes can be explored and sometimes resolved without a trial through correspondence, negotiation or mediation.

Alternative dispute resolution (ADR) can give the parties a way to discuss the contested will, estate assets and proposed settlement without asking a judge to decide every issue. It can also give the parties more control over the outcome.

Court proceedings may still be necessary where the parties cannot agree, the validity of the will must be determined, or urgent orders are needed to protect estate assets. The Civil Procedure Rules now expressly promote the use of alternative dispute resolution, and the court has power to order parties to engage in ADR in appropriate cases.

The appropriate route will depend on the strength of the evidence, the value and complexity of the estate, the positions taken by the parties and any relevant time limits. Our contentious probate team will advise on negotiation, alternative dispute resolution and court proceedings.

How Much Does it Cost to Contest a Will?

The cost of contesting a will depends on what is involved in your case. A straightforward dispute that can be resolved through early discussions may cost less than one that requires extensive evidence, several parties or court proceedings.

Getting advice at an early stage will allow you to understand your options and the likely costs before deciding how far you want to take the matter. In many cases, there may be opportunities to resolve a dispute through negotiation or mediation rather than going straight to court.

It is also important to understand that legal costs are not automatically paid from the estate. If a case does go to court, the judge has discretion over who should pay the costs. The general position under Civil Procedure Rules Part 44 is that the unsuccessful party may be ordered to contribute towards the successful party's costs, although the court will look at the circumstances of the case before making a decision.

Clough & Willis’ guide to contentious probate costs and who pays explains this in more detail. Speaking to our solicitors early will give you a clearer picture of the likely costs, the strength of your position and the different ways the dispute could be resolved. This means you will know your costs before you commit to taking the next step.