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.

Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 reads: an application "shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out (but nothing prevents the making of an application before such representation is first taken out)".

Two things follow that are often missed. The deadline runs from the grant, not the death. And the words in brackets — added by the Inheritance and Trustees' Powers Act 2014 — mean an application can be made before any grant has been taken out, so a claimant is not obliged to wait for one.

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)
• Section 20 of the Act protects personal representatives who distribute after the six months have run, which is why estates are commonly not distributed until the period has expired
• Discontinuing a claim that has been issued is not cost-free. CPR 38.6 provides that a claimant who discontinues is liable for the defendant's costs incurred up to the date the notice of discontinuance was served, unless the court orders otherwise

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

Will Validity Challenges: No Fixed Statutory Period

A claim to prove a will, or to revoke a grant already made, is a probate claim, and the Limitation Act 1980 does not set a period for it. The twelve years commonly quoted come from section 22 of that Act, headed "Time limit for actions claiming personal estate of a deceased person", which sets twelve years for "any claim to the personal estate of a deceased person or to any share" in it. That is a beneficiary's claim to what they say is theirs, not a challenge to the validity of the will. The two are frequently conflated.

The practical control on a late probate claim is therefore the equitable doctrine of laches and the court's discretion, not a fixed clock. Several things get harder with time:

• 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) can bar a claim 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 run alongside Inheritance Act claims, and the two are subject to different time limits — the 1975 Act deadline does not govern the estoppel claim, and laches does not govern the 1975 Act claim.

Summary Table of Time Limits

Practical Steps to Protect Your Position

• A caveat prevents a grant from being issued, which buys time to investigate where the validity of the will is in question. It costs £4 and lasts six months — see our guide on how to enter a caveat
• A standing search tells you when a grant is issued. It is the grant, not the search, that starts the six-month Inheritance Act period running
• Evidence — medical records, witness statements, financial records and the will-drafting solicitor's file are what these claims turn on, and they become harder to obtain with time
• Mediation and the deadline — negotiating does not stop the six months running. A claim can be issued and then discontinued if matters settle, but under CPR 38.6 a discontinuing claimant is liable for the defendant's costs up to that point unless the court orders otherwise, so it is not a free option. The alternative is a standstill agreement between the parties. 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.