Challenging the validity of a will

Contesting a will

If you are unhappy with a will and wish to challenge it, then it is critical that you immediately seek legal advice. The time limits for contesting a will can be as little as just six months from the date of the grant of probate or from the date that letters of administration have been issued.

Contesting a will what are the time limits on making a claim?

The time limits for contested probate actions vary upon the type of claim and are governed by the Limitation Act 1980.

 

Claims made under the Inheritance (Provision for Family and Dependents) Act 1975 are generally prevented after a period of 6 months from the grant of probate.

 

A beneficiary making a claim against an estate is time barred after 12 years has elapsed from the date of death of the testator.

Can you contest a will after the grant of probate?

Yes you can but for many practical reasons it is better not to wait because once probate has been granted the will’s Executors will start to deal with the assets of the estate and in time start to dispose of the assets in accordance with the terms of the will. If you wish to challenge a will or make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 act immediately.

We can help with...

Making a claim under the Inheritance Act 1975

Challenges to the validity of a will

Contesting a will

Meet the WSP team

Meet the team

Catherine Green, Partner and Civil and Commercial Disputes Solicitor at WSP Solicitors Stroud

Catherine Green

Partner

Stroud Office

Ashley Wallace-Cook, Wills, Trusts and Probate Partner at WSP Solicitors Gloucester

Ashley Wallace-Cook

Partner

Gloucester Office

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