Time Limits for Contesting a Will: Deadlines You Cannot Afford to Miss

Inheritance Act 1975 Claims: 6 Months from Grant

The most important and most commonly missed deadline in contentious probate is the Inheritance Act 1975 claim deadline.

Under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975, a claim must be issued within 6 months from the date on which representation with respect to the estate of the deceased is first taken out — in other words, within 6 months of the grant of probate or letters of administration.

Key points:

• The 6-month period runs from the grant date, not from the date of death. The grant may be issued weeks or months after death
• If you do not know when the grant was issued, you can monitor it using a standing search — see our guide on standing searches in probate
• The court has discretion under section 4 to allow a late claim, but this is exercised sparingly. The court will consider why the claim was not made in time, whether the estate has been distributed, and the merits of the underlying claim
• Distribution of the estate does not automatically bar a late claim, but it significantly weakens the applicant's position and may mean any award can only be satisfied against distributed assets (which may be very difficult to recover)
• Issue the claim before the deadline even if you are in ongoing negotiations — you can always discontinue if matters settle

For a full guide to Inheritance Act claims, see our guide on Inheritance Act 1975 claims.

Will Validity Challenges: 12 Years Under the Limitation Act 1980

Claims challenging the validity of a will — on grounds of lack of testamentary capacity, undue influence, lack of knowledge and approval, or lack of valid execution — are claims for the recovery of the estate as a trust fund or for the rectification of legal rights. They are generally subject to the 12-year limitation period under section 22 of the Limitation Act 1980 (for trust property) or the general 6-year period under section 2 (for non-trust tort claims).

However, the 12-year period is the outer limit — it does not mean you should wait. Courts expect will challenges to be brought promptly and will consider delay as a factor against the claimant:

• Evidence deteriorates over time — witnesses die or their memories fade, documents are lost, and the attending solicitor's attendance notes may have been destroyed
• Where the estate has been distributed, a successful challenge may result only in a monetary award rather than specific assets
• The doctrine of laches (equitable delay) may bar a claim even within the limitation period where the claimant has stood by while the estate was administered and distributed
• Courts take a dim view of applicants who delayed for tactical reasons or to await a more favourable outcome

For an overview of all will validity grounds, see our guide on the grounds for contesting a will.

Fraud: No Limitation Period

Under section 21(1)(a) of the Limitation Act 1980, where a trustee or personal representative is party to a fraud in relation to the trust property (which includes the estate), no limitation period applies. Probate obtained by fraud — including forgery of the testator's signature, fraudulent misrepresentation, or fraud by the executor — can in principle be challenged at any time.

In practice, delay in a fraud claim will still create practical difficulties — evidence will be harder to obtain, memories will fade, and courts may apply laches as a discretionary bar. The absence of a fixed limitation period does not mean delay is safe. For guidance on fraud and forgery claims, see our guide on fraud and forgery in wills.

Proprietary Estoppel: No Fixed Period but Laches Applies

Proprietary estoppel claims — where someone claims they were promised an asset in return for a detriment they relied upon (such as caring for the deceased) — are equitable claims to which no fixed limitation period applies. However, the equitable doctrine of laches can bar a claim where the claimant has unreasonably delayed and the delay has caused prejudice to the defendant.

Proprietary estoppel claims often arise alongside Inheritance Act claims and should be considered together when advising on time limits.

Summary Table of Time Limits

Practical Steps to Protect Your Position

• Enter a caveat immediately if you believe the will may be invalid or that a grant is about to be issued. A caveat prevents the grant from being issued and buys time to investigate — see our guide on how to enter a caveat
• Enter a standing search to be notified when the grant is issued — this starts the 6-month Inheritance Act clock
• Consult a specialist solicitor without delay — the facts of limitation in contentious probate are complex and specialist advice is essential
• Gather evidence promptly — medical records, witness statements, financial records, and solicitor's files should be preserved as quickly as possible
• Issue the Inheritance Act claim before the 6-month deadline even if you are in mediation or negotiation — a claim issued and then discontinued creates no obligation to continue and protects your position
• Consider mediation early — see our guide on mediation in estate disputes

For the broader context of will disputes, see our introduction to contentious probate and our guide on costs in contentious probate.

For the non-contentious estate administration, see our estate administration checklist and our complete UK probate guide.

Get started with Farra for a personalised estate administration task list.