This isn’t always the case. In general terms, there is no time limit for challenging the validity of a Will if you are concerned that the person making the Will did not have capacity, or was forced into making the Will, although if there has been a delay in contesting the Will, the court may regard this unfavorably, especially if they consider the challenge to be vexatious or frivolous says Tegan Pownall, Disputes and Litigation solicitor at Penderlaw.

Six month limit to contest a Will for some scenarios

However, if the challenge relates to what you regard as the rightful beneficiaries being cut out of the Will, and you are considering a claim for financial provision out of an estate due to being a dependent of the deceased, there is a time limit for you to issue a claim. Under the Inheritance (Provision for Family and Dependants) Act 1975, you only have six months from the date of the Grant of Probate or Grant of Letters of Administration to issue a claim.

Contesting a Will after Probate

Challenging a Will after Probate has already been granted is also far more difficult as the assets may already have been distributed to the beneficiaries, therefore time is usually of the essence when contesting a Will, and you are far more likely to achieve a successful result if you challenge sooner rather than later.  

Contesting a Will after distribution of the Estate

If you have an issue with how the Executors have distributed the Estate, resulting in a breach of Trust, and a deprivation of your full entitlement, you have six years to bring a claim.

Get in touch

If you’d like to speak to us about contesting a Will, our friendly and experienced Disputes team would be pleased to hear from you. You can reach them on 01872 241408 or email info@penderlaw.co.uk

The topic of How to contest a Will is explored in more detail in our blogs highlighted below:

What are the grounds for contesting a Will?

How do I contest a Will?