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How Long Do You Have to Contest a Will in the UK?

· 32 min

Note: The following scenario is fictional and used for illustration.

Emma discovered her father's will three months after his funeral. He'd left his £420,000 estate entirely to his second wife, cutting out Emma and her brother completely—despite promising them the family home for years. Emma wanted to challenge under the Inheritance Act, but her solicitor said she had just three months left before the six-month deadline expired. Her brother James, convinced their father lacked capacity when he signed the will, thought they had 12 years. Their stepmother's solicitor claimed there was no time limit at all.

All three were partially right—but only Emma's understanding mattered for her claim.

In 2024, 11,362 people entered caveats to block probate in England and Wales—a 56% increase from 7,268 in 2019. Yet many potential challengers miss critical deadlines simply because they don't understand which time limit applies to their specific situation.

This guide explains the five different time limits for contesting a will in the UK, when courts grant extensions, and what to do if you're running out of time.

Table of Contents

Why Time Limits for Contesting a Will Are So Confusing

Unlike most legal claims with a single limitation period, will challenges have multiple overlapping time limits depending on the legal basis of your claim.

The UK has no single "contest a will" time limit. It depends entirely on your legal grounds. Five different time regimes exist: Inheritance Act claims have 6 months, beneficiary claims have 12 years, validity challenges have no statutory limit, rectification claims have 6 months, and proprietary estoppel has no limit but delay can be used as a defence.

This matters because choosing the wrong claim type or misunderstanding your deadline can make you miss it entirely. In *Hendry v Hendry* [2019], a claimant lost the right to proceed despite being only 2 months late. The court emphasized that the 6-month limit is substantive, not merely procedural.

Here's a quick diagnostic to identify which time limit applies to your situation:

Scenario 1: Sarah, 42, unmarried partner of 15 years, left nothing in her partner's will. She can bring an Inheritance Act claim arguing she should have received reasonable financial provision. Her deadline: 6 months from the date the grant of probate is issued.

Scenario 2: David was named as a beneficiary to receive a £50,000 legacy, but the executor hasn't paid him three years after probate was granted. He has a beneficiary claim for his entitlement under the will. His deadline: 12 years from the grant date.

Scenario 3: Michael believes his father lacked mental capacity when signing the will that disinherited him. He can challenge the will's validity on grounds of lack of testamentary capacity. His deadline: no statutory time limit, but evidence deteriorates rapidly.

Understanding which category your claim falls into determines whether you have months, years, or no technical limit—but in all cases, acting quickly protects your rights.

The 6-Month Deadline: Inheritance Act Claims

The strictest and most common deadline is 6 months from the grant of probate for claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Section 4 of the Inheritance Act 1975 states: "An application for an order under section 2 of this Act 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."

Who can bring these claims? Spouses, civil partners, former spouses who haven't remarried, cohabitants who lived with the deceased for at least 2 years before death, children of any age, and anyone who was being maintained by the deceased immediately before death.

What these claims argue: the will fails to make "reasonable financial provision" for you. You don't need to be named in the will to bring an Inheritance Act claim—the Act exists specifically to provide for family members and dependants who were left out or inadequately provided for.

The clock starts on the date the grant of probate or letters of administration is issued—NOT the date of death. This is crucial. If your father died in January but probate wasn't granted until July, your 6-month deadline runs from July, not January.

You can also make applications BEFORE the grant is issued if you know a probate application is pending. The 2014 amendment to Section 4 clarified "nothing prevents the making of an application before such representation is first taken out."

Why is this deadline so strict? It allows estates to be distributed with certainty within a reasonable timeframe. Executors need to know when they can safely distribute assets without risk of future Inheritance Act claims.

Example 1: Margaret, 68, was married to her husband for 40 years. His will left her just £10,000 while leaving a £300,000 house to a woman he'd been having an affair with. Probate was granted on 15 March 2025. Margaret's Inheritance Act deadline is 15 September 2025—exactly 6 months later. If she doesn't issue her claim by that date, she'll need court permission to proceed.

Example 2: Tom lived with his partner for 8 years without marrying. She died suddenly, and her will leaves everything to her children from a previous relationship. Tom has standing to bring an Inheritance Act claim as a cohabitant of 2+ years. His 6-month clock starts from the date the grant of probate is issued, not from the date of her death.

Here's who can claim and when their deadline starts:

Eligible Claimant Basis for Claim Time Limit Start Date
Spouse/civil partner Reasonable financial provision Date grant issued
Former spouse (not remarried) Reasonable financial provision Date grant issued
Cohabitant (2+ years) Reasonable financial provision Date grant issued
Child (any age) Reasonable financial provision Date grant issued
Dependant Being maintained by deceased Date grant issued

Missing this deadline doesn't automatically mean you've lost your rights—but it means you need court permission to proceed, which is uncertain and requires demonstrating compelling reasons for the delay.

The 12-Year Deadline: Beneficiary Claims

A separate time limit applies to disappointed beneficiaries who are claiming their entitlement under the will itself.

Section 22 of the Limitation Act 1980 provides that no action in respect of any claim to the personal estate of a deceased person shall be brought after the expiration of twelve years from the date on which the right to receive the share or interest accrued.

Who this applies to: beneficiaries named in the will who haven't received their legacy or share. This is fundamentally different from Inheritance Act claims—you're not arguing the will is unfair or invalid, you're enforcing what the will actually says you should receive.

What this does NOT cover: challenging the will's validity. If you think the will is invalid due to lack of capacity or undue influence, that's a different legal regime with different time limits (explained in the next section).

The clock typically starts from the date probate is granted, when beneficiaries' rights to receive their shares crystallize. For most estates, this means beneficiaries have until 2037 to claim a legacy under a will with probate granted in 2025.

Why 12 years? The law balances two competing interests: beneficiaries need adequate time to enforce their rights (estates can be complex and take years to administer), but executors and estates need finality at some point. Twelve years is considered sufficient while preventing indefinite uncertainty.

Here's a practical note: most estates distribute assets within 12 to 18 months of probate. Waiting 12 years to bring your claim means the estate assets have likely been distributed long ago, making recovery difficult even if you technically have a legal right.

Example 1: Judith was named as a beneficiary to receive £80,000 in her aunt's will. Probate was granted in 2018. The executor claimed there were insufficient funds and refused to pay her legacy. Judith has until 2030 (12 years from the 2018 grant) to bring a legal claim against the executor for her £80,000 entitlement.

Example 2: Brothers Richard and Paul were each entitled to 50% of their mother's estate under her will. Their sister, appointed as executor, distributed the assets unequally—giving herself 60% and splitting 40% between the brothers. Richard and Paul have 12 years from the grant of probate to bring a claim for their correct 50% shares.

Here's how different claim types compare:

Claim Type Who Can Claim Time Limit What You're Claiming
Inheritance Act Family/dependants 6 months Reasonable provision (even if not in will)
Beneficiary claim Named beneficiaries 12 years What you're entitled to under the will
Validity challenge Anyone with interest No limit Will itself is invalid

The distinction is crucial: if you're named in the will but haven't been paid, you have 12 years. If you're not adequately provided for, you have 6 months for an Inheritance Act claim. If you think the will is invalid, there's no statutory time limit but evidence concerns apply.

No Time Limit: Challenging the Will's Validity

Here's the surprising truth: there is no statutory time limit for challenging a will's validity on grounds of lack of testamentary capacity, undue influence, fraud, forgery, or failure to meet the requirements of the Wills Act 1837.

Validity challenges can be brought at any time after death or after the grant of probate. If you believe your mother lacked the mental capacity to make her will, or your father was coerced into changing his will under undue influence, or the will wasn't properly witnessed, you can theoretically bring that challenge 5, 10, or even 20 years later.

Why no limit exists: validity goes to whether the will was ever properly created in the first place. This is a fundamental question about whether a valid testamentary document exists at all. The law treats this differently from claims about how an admittedly valid will should be interpreted or who should benefit from it.

But here's the critical warning: "no time limit" doesn't mean you should wait. Evidence deteriorates rapidly, and delay can be fatal to your claim in practical terms even if not in legal terms.

What happens over time? Medical records showing the deceased's mental state are typically destroyed after 7 to 10 years. Witnesses to the will signing die or their memories fade. The solicitor who prepared the will may have retired, and their file could be archived or destroyed. Care home staff who observed the testator's capacity move to other jobs. Estate assets get distributed, sold, or consumed.

The statistics tell a sobering story: lack of capacity claims succeed in only 22-35% of cases when substantial evidence is presented. Undue influence claims succeed in only 10-15% of cases. These already-low success rates plummet when evidence has deteriorated due to delay.

Example 1: Philip discovered his mother's 2019 will in 2025—6 years after she died. He believes she lacked capacity due to advanced dementia. The problem: her GP has retired, her medical records have been archived to remote storage, and the care home staff who observed her daily mental state have all moved on. Philip can still legally challenge the will's validity (no statutory time limit), but gathering evidence to prove lack of capacity is now practically impossible.

Example 2: Claire discovered in 2024 that her father's will signed in 2015 was witnessed by one of the beneficiaries. Under Section 15 of the Wills Act 1837, if a beneficiary witnesses a will, their gift becomes void. Claire can challenge the validity of that beneficiary's gift even 9 years later because improper execution under the Wills Act has no time limit. The evidence she needs (the will itself showing the witness's signature) still exists and hasn't deteriorated.

Even though there's no statutory time limit, courts may refuse to hear claims brought after substantial, unexplained delay. In the exceptional case of Bhusate, a 26-year delay was permitted, but this is extremely rare and should never be relied upon. Don't assume you can wait.

The practical rule: act within months of discovering grounds to challenge, not years. The longer you wait, the harder it becomes to prove your case, regardless of the legal time limit.

The 6-Month Deadline: Will Rectification Claims

A separate 6-month deadline applies to claims for rectification of wills that contain errors.

Section 20 of the Administration of Justice Act 1982 allows the court to rectify a will if it "fails to carry out the testator's intentions" due to either a clerical error or a failure to understand the testator's instructions. But applications for rectification must be made within 6 months of the grant of probate, except with court permission.

This is the same strict 6-month deadline as Inheritance Act claims, and it starts from the same trigger point: the date representation is first taken out (the grant of probate or letters of administration).

Common rectification scenarios include: a solicitor drafting error where they wrote the wrong property address, a beneficiary's name misspelled in a way that creates ambiguity about who was intended, a clause accidentally omitted when the will was typed up from handwritten instructions, or wrong figures inserted for monetary legacies.

What you must prove: first, that the will as executed doesn't reflect what the testator actually intended. Second, that this failure resulted from either a clerical error (a mistake in recording or transcribing) or a failure to understand the testator's instructions (the drafter misunderstood what the testator wanted).

The evidential bar is high. You'll typically need the solicitor's file notes showing what instructions were given, witness statements from people present when instructions were discussed, and sometimes expert evidence about what the testator must have intended given their circumstances.

Example 1: A will drafted by a solicitor says "my house at 42 Oak Lane to my daughter Sarah" but the testator actually owned the house at 24 Oak Lane, not 42 Oak Lane. The solicitor's attendance notes show the testator said "my house" and clearly meant the property at 24 Oak Lane where she'd lived for 30 years. This is a clerical error—the solicitor wrote "42" instead of "24." Rectification is available, but the claim must be brought within 6 months of the grant of probate.

Example 2: A will says "£10,000 to each of my grandchildren" but the testator has 8 grandchildren and only £40,000 in her estate. Evidence from the drafting solicitor shows the testator intended to divide £40,000 equally among her grandchildren (£5,000 each), but the solicitor misunderstood and drafted it as £10,000 each. This is a failure to understand instructions. A rectification claim to change "£10,000" to "an equal share of £40,000" must be brought within 6 months of the grant.

Court permission for late rectification claims is possible but rarely granted. The same principles from Berger v Berger apply—courts will consider whether you acted promptly, whether you have good reasons for delay, and whether you have an arguable case.

If you discover an obvious drafting error in a will, act immediately. The 6-month clock is already running from the date probate was granted, and that date may have been months ago before you even saw the will.

Using a Caveat to Buy More Time

If you suspect you have grounds to challenge a will but need time to investigate, entering a caveat can prevent probate from being granted—giving you breathing room before deadlines start running.

A caveat is a formal notice lodged at the Probate Registry that prevents any grant of probate or letters of administration from being issued. Once a caveat is in place, the estate cannot be administered until the caveat is removed.

Caveats last for 6 months initially and cost £3 to enter. You can extend a caveat once for another 6 months at a cost of £3, giving you a maximum of 12 months total protection.

When should you use a caveat? When you suspect grounds to challenge but need time to instruct a solicitor, gather medical evidence, interview witnesses, or obtain the deceased's medical records before deciding whether you have a viable claim.

The effect is powerful: probate cannot be granted while your caveat is in place. This means the 6-month Inheritance Act deadline and 6-month rectification deadline don't start running because those deadlines are measured from "the date on which representation is first taken out." No grant means no deadline.

But there's an important warning: entering a caveat without reasonable grounds can lead to costs liability if the executor challenges it. Courts can order you to pay the executor's legal costs if you entered a caveat improperly or maintained it unreasonably.

What happens next? If the executor challenges your caveat by entering a "warning," you must respond within 8 days. Your options are: issue court proceedings to formally challenge the will within those 8 days, or withdraw the caveat and allow probate to proceed.

In 2024, 11,362 caveats were entered compared to 7,268 in 2019—a 56% increase. This reflects growing awareness of caveats as a deadline-management tool and increased willingness to formally challenge estates.

Scenario 1: Rebecca hears her aunt died and suspects the will was changed in the final weeks under undue influence by a carer. She doesn't have proof yet, but she has strong suspicions. Rebecca enters a caveat online for £3 the same day. This prevents probate from being granted for the next 6 months, giving her time to instruct a solicitor, request the deceased's medical records, and interview family members who visited during the final weeks. At month 5, she extends the caveat for another 6 months (£3). At month 11, with evidence gathered, she either issues court proceedings or withdraws the caveat if the evidence doesn't support her suspicions.

Scenario 2: An executor applies for probate on Monday. The deceased's son, who was disinherited, enters a caveat on Tuesday. The caveat stops the grant from being issued. On Wednesday, the executor challenges the caveat by issuing a "warning" to the son. The son now has 8 days to either issue a formal court claim challenging the will or withdraw his caveat and allow probate to proceed. He can't simply maintain the caveat indefinitely once it's been challenged.

Here's the procedural timeline for caveats:

  1. Day 1: Enter caveat online or by post (£3)—prevents grant for 6 months
  2. Month 5: Apply to extend caveat for further 6 months (£3)
  3. Month 11: Caveat expires OR issue court proceedings to continue challenge
  4. If executor issues warning: Respond within 8 days or caveat is automatically removed

A caveat is not a permanent solution—it's a temporary measure to buy time for investigation. By month 12 at the latest, you must either issue formal court proceedings or allow the estate to proceed to probate.

Getting Court Permission for Late Claims

If you've missed the 6-month deadline for Inheritance Act or rectification claims, all is not lost—but you'll need the court's permission to proceed, which is discretionary and uncertain.

Section 4 of the Inheritance Act 1975 gives courts discretion to permit applications after the 6-month deadline. Section 20 of the Administration of Justice Act 1982 contains an identical provision for late rectification claims.

Courts apply seven factors from the Court of Appeal decision in *Berger v Berger* [2013] when deciding whether to grant permission for late applications:

  1. The court's discretion must be exercised judicially in accordance with what is right and proper
  2. The onus is on the applicant to show sufficient grounds for granting permission
  3. Did the applicant act promptly in the circumstances?
  4. Were negotiations begun within the 6-month time limit?
  5. Has the estate been distributed before the claim was notified?
  6. Would refusal of permission leave the applicant without other remedies?
  7. Does the applicant have an arguable case under the 1975 Act if allowed to proceed?

These factors are guidelines, not a checklist. The court weighs all factors together and exercises judgment based on the overall circumstances. In some cases, a strong claim combined with good reasons for delay may succeed. In others, even a short delay can be fatal.

Case law shows the extremes. In Bhusate, a 26-year delay was exceptionally permitted due to unusual circumstances. But in *Hendry v Hendry* [2019], the court refused permission for a claim just 2 months late, emphasizing that the 6-month limit is substantive, not merely procedural.

What does NOT work as justification for delay:

  • "I didn't know about the deadline" (ignorance of law is not sufficient)
  • "I was grieving" (understandable but rarely accepted alone)
  • "I thought the executor would be fair" (not sufficient without evidence of actual negotiations)

What DOES work:

  • Negotiations genuinely ongoing within 6-month period with written evidence of correspondence
  • Medical evidence showing you were incapacitated during the limitation period
  • Fraud or concealment by executors that prevented you from knowing about the death or will contents
  • Estate not yet distributed AND strong arguable claim with merit

Practical advice: if the deadline is approaching and negotiations are ongoing, get a written standstill agreement from the executor agreeing not to rely on the time limit. Alternatively, issue a protective claim before the deadline—you can always settle or discontinue later, but you can't resurrect a claim once the deadline has passed without permission.

Example 1: A claimant began good-faith negotiations with the executor at month 4 (within the deadline). Written correspondence shows genuine exchanges about settlement. At month 8, negotiations broke down and the executor refused further discussions. The court is likely to grant permission to proceed because negotiations started in time, were conducted genuinely, and the estate hasn't been distributed yet.

Example 2: A claimant learned of her father's death at month 3 but was hospitalized for emergency surgery from month 4 to month 7. Medical evidence supports that she was incapacitated and unable to instruct solicitors during this period. The court may grant permission based on medical circumstances genuinely beyond her control that prevented timely action.

Example 3: A claimant simply "thought about" whether to bring a claim for 8 months before consulting a solicitor. No negotiations occurred, no medical emergency, no fraud. The court will almost certainly refuse permission following the Hendry principle—there's no compelling reason for the delay.

Don't gamble on getting court permission. In Hendry v Hendry [2019], the court refused permission for a claim just 2 months late, emphasizing that the 6-month limit is substantive, not merely procedural. Even a short delay can be fatal if you can't show a compelling reason.

Claims With No Time Limit—But Where Delay Is Still Dangerous

Proprietary estoppel claims and certain other equitable claims have no statutory time limit, but unreasonable delay can still defeat them.

Proprietary estoppel typically arises when someone makes you a promise about property (usually land), you rely on that promise to your detriment, and it would be unconscionable for them to go back on the promise. Common scenario: an adult child works on the family farm for decades on minimal wages, believing they'll inherit it, only to discover the parent's will leaves the farm to someone else.

Proprietary estoppel has no statutory time limit, but courts may refuse claims brought after unreasonable delay. This operates through the equitable doctrine of "laches"—delay that makes it inequitable to grant the remedy.

Why delay matters even without a statutory limit? Promises about property are often oral, relying on witnesses' memories of conversations that may have occurred decades ago. Evidence deteriorates. Circumstances change—if the property has been sold to third parties who had no knowledge of your claim, the remedy you're seeking may be impossible. The person who made the promise (and could testify about their intentions) has died.

The practical rule: bring your proprietary estoppel claim as soon as you discover the promise won't be honored. Waiting years after discovering the will creates a presumption that you've acquiesced to the situation or don't really believe you have a valid claim.

Example 1: A son works on his father's farm from age 18 to 55 (37 years) earning just £15,000 per year, well below market rate for farm managers. His father repeatedly told him "the farm will be yours when I'm gone." Father dies in 2020, and the will leaves the farm to the son's sister. The son discovers this in 2021 but doesn't bring a proprietary estoppel claim until 2025. Four years of delay after discovering the breach is substantial. The court may reduce the remedy significantly or refuse the claim entirely due to delay, even though there's no statutory time limit.

Example 2: A business partner was promised a 25% share in a company and worked for 10 years building it up based on that promise. The owner dies in 2023, and the will excludes the partner entirely. The partner brings a proprietary estoppel claim in 2024, within one year of discovering the promise won't be honored. There's no statutory time limit, minimal delay after discovering the problem, and the claim likely proceeds without delay being used as a defence.

Here's how claims with no statutory limit compare regarding delay:

Claim Type Statutory Time Limit? Delay Defense Available? When to Act
Proprietary estoppel No Yes (laches doctrine) As soon as promise broken
Validity (capacity/undue influence) No Yes (practical/evidential) Within months of death
Inheritance Act Yes (6 months) N/A—absolute deadline Within 6 months of grant
Beneficiary claim Yes (12 years) No Within 12 years of grant

The message is clear: just because there's no statutory time limit doesn't mean you can afford to wait. Act promptly when you discover grounds to challenge, regardless of the legal time limit.

What to Do If You're Running Out of Time

If you're approaching a deadline or have already missed it, take urgent action immediately. Hours and days matter.

STEP 1: Identify which deadline applies to your claim

Use the diagnostic from the first section of this article. Are you bringing an Inheritance Act claim (6 months), a beneficiary claim (12 years), a validity challenge (no statutory limit), a rectification claim (6 months), or a proprietary estoppel claim (no limit but laches applies)?

STEP 2: Calculate your exact deadline date

Find the date the grant of probate or letters of administration was issued by searching the probate registry online for £1.50. Once you have the grant date, calculate 6 months forward for Inheritance Act and rectification claims, or 12 years forward for beneficiary claims.

STEP 3: If your deadline is within the next 2 months

Instruct a specialist contentious probate solicitor immediately—this week, not next week. Request that the solicitor explore a written standstill agreement with the executor, where the executor agrees not to rely on the time limit while negotiations continue. If the executor refuses a standstill, your solicitor must issue a protective claim before the deadline expires.

Do NOT rely on informal goodwill negotiations. Get a written standstill agreement signed by the executor, or issue formal court proceedings to protect your position.

STEP 4: If you've already missed the deadline

For Inheritance Act or rectification claims, you'll need court permission under the Berger v Berger factors. Consult a solicitor immediately about whether you have grounds for permission (were negotiations started in time, do you have medical evidence of incapacity, was there fraud or concealment?).

For validity challenges, there's no statutory limit, but assess whether the evidence still exists after the delay (medical records, witnesses, solicitor files).

For proprietary estoppel, assess whether you can explain the delay and whether laches (unreasonable delay) might defeat your claim.

STEP 5: Consider entering a caveat if probate hasn't been granted yet

If probate hasn't been granted, enter a caveat immediately for £3. This buys you 6 months (extendable to 12 months) to investigate your claim without deadlines running. But remember: caveats must be supported by reasonable grounds, or you risk costs liability.

STEP 6: Gather evidence immediately

Request medical records from the deceased's GP before they're destroyed (typically kept 7-10 years). Obtain the solicitor's file if the will was professionally drafted. Take witness statements from people who observed the testator's capacity or the circumstances of will signing while memories are fresh. Collect financial records showing dependence if bringing an Inheritance Act claim. Preserve all written evidence of negotiations or promises.

Here's an urgent action checklist:

  • Confirm the exact date probate was granted (£1.50 from probate registry)
  • Calculate your exact deadline for your specific claim type
  • Instruct a specialist contentious probate solicitor within 48 hours if deadline is approaching
  • Request solicitor explore written standstill agreement
  • If standstill refused, authorize solicitor to issue protective claim before deadline
  • Gather all evidence immediately (medical, financial, correspondence)
  • If probate not granted yet, consider entering caveat (£3 for 6 months protection)

If you're within 2 months of the deadline, you don't have time to "think about it" or wait for family discussions. Instruct a solicitor this week. A protective claim can always be settled or withdrawn later, but once the deadline passes without court permission, your rights may be lost forever.

Example 1: Lisa discovers she has 6 weeks until her Inheritance Act deadline expires. She instructs a solicitor on Monday. The solicitor writes to the executor on Tuesday requesting a standstill agreement to allow negotiations until the end of the following month. The executor refuses on Wednesday. The solicitor issues a protective claim on Friday, well before the deadline, then negotiates from a position of strength. The claim settles 3 months later for £85,000—which Lisa would have lost entirely if she'd missed the deadline.

Example 2: Robert "thinks about" whether to bring an Inheritance Act claim for 7 months. The deadline was at month 6. He misses it by 1 month before finally instructing a solicitor. The solicitor applies for court permission under Section 4, but the executor opposes the application. The court refuses permission—Robert has no compelling reason for delay, no negotiations started in time, no medical emergency. Robert loses his right to claim the £120,000 he would likely have received if he'd acted within the deadline.

The difference between these examples is stark: Lisa acted decisively when time was short and succeeded. Robert delayed without good reason and lost everything. Don't be Robert.

Frequently Asked Questions

Q: What is the time limit for contesting a will under the Inheritance Act 1975?

A: Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within 6 months from the date the grant of probate or letters of administration is issued. The court can grant permission for late applications under Section 4, but this requires demonstrating good reasons for the delay and showing the claim has merit.

Q: Is there a time limit to challenge a will's validity in the UK?

A: No, there is no statutory time limit for challenging a will's validity on grounds like lack of testamentary capacity, undue influence, fraud, or improper execution. However, you should act as soon as possible because evidence deteriorates over time, witnesses' memories fade, and the estate may be distributed.

Q: How long do disappointed beneficiaries have to contest a will?

A: Under the Limitation Act 1980, disappointed beneficiaries have 12 years from the date probate is granted to bring claims for their share or interest in the estate. This applies to claims that you were entitled to a legacy or share under the will that hasn't been paid.

Q: Can I contest a will after the 6-month deadline has passed?

A: Yes, but only with court permission. Under Section 4 of the Inheritance Act 1975, courts apply seven factors from Berger v Berger when deciding whether to grant permission, including whether you acted promptly, negotiations started within the deadline, and whether you have an arguable case.

Q: What is a caveat and how long does it last?

A: A caveat is a formal notice that prevents probate being granted for up to 6 months, giving you time to investigate and prepare a challenge. It costs £3 to enter and can be extended for another 6 months before you must either withdraw it or issue court proceedings.

Q: How long does it take to contest a will in the UK?

A: The timeline varies significantly by case complexity. Straightforward validity challenges settled out of court may resolve in 6-9 months. Complex Inheritance Act claims with multiple parties typically take 12-24 months. Cases that go to full trial can take 2-3 years from start to final judgment.

Q: What happens if I delay too long before challenging a will?

A: Even if there's no statutory time limit for your claim type, unreasonable delay can be fatal. Evidence may be lost or destroyed, witnesses' memories fade, medical records are shredded, and the estate may be fully distributed. Courts may refuse claims brought after substantial unexplained delay.

Conclusion

Understanding time limits for contesting a will can mean the difference between protecting your rights and losing them forever.

Key takeaways:

  • Inheritance Act claims have the strictest deadline: exactly 6 months from the grant of probate—miss it and you'll need court permission, which is rarely granted without compelling reasons
  • Validity challenges have no statutory time limit, but evidence deteriorates rapidly—act within months, not years, to preserve medical records and witness testimony
  • Beneficiary claims for unpaid legacies have a 12-year limit, but estates typically distribute within 18 months, making later claims difficult practically
  • Use a caveat (£3 for 6 months) to prevent probate being granted and buy time to investigate before committing to expensive court proceedings
  • If a deadline is approaching, don't negotiate informally—get a written standstill agreement or issue a protective claim immediately

Time limits exist to balance competing interests: giving potential challengers adequate opportunity to bring valid claims while allowing estates to be distributed with finality. Missing a deadline through ignorance or delay can cost you hundreds of thousands of pounds in lost inheritance.

If you suspect grounds to challenge a will, act this week, not next month. Evidence disappears, witnesses forget, and deadlines expire—but your window to protect your rights closes faster than you think.

Need Help with Your Will?

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Legal Disclaimer: This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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