If you have concerns about a Will left after someone dies, it can be hard to take the first step in rectifying matters. However, it is crucial to act promptly. Not only can this help to prevent family relationships from deteriorating, but should the issue reach court, there are often strict deadlines. We look at how long you have to contest a Will and what action you need to take to safeguard your interests.
By speaking to a solicitor early on, you have the best chance of resolving matters without the need for litigation. An experienced contentious probate solicitor will be able to advise you of your legal rights, explain the strengths of your case, and negotiate where necessary to try and find an out-of-court solution.
Summary
This article includes
- Can you contest a Will in the UK?
- What are the time limits to contest a Will - challenging a Will deadline
- Why you need to act quickly when contesting a Will
- Can the time limit for contesting a Will be extended?
- How to check probate has been granted
- Steps to take if you want to contest a Will
- What happens if you miss the deadline to contest a Will?
Can You Contest a Will in the UK?
A Will can be contested in the UK on several grounds, as follows:
- The Will is not valid, including because:
- It was not correctly drafted, executed or witnessed>
- The testator, or person signing the Will, did not have full knowledge or approval of what was written in the document
- The testator did not have the mental capacity to make a Will
- There has been fraud or forgery
- Under the terms of the Inheritance (Provision for Family and Dependants) Act 1975
- Someone was promised something in a Will, they relied on this promise, and acted on it to their detriment, but the promise was not kept
What Are the Time Limits to Contest a Will - Deadline to Challenge a Will in the UK
Contesting a Will Based on Invalidity
While there is no set time limit to challenge a Will, if you are concerned about issues such as invalidity, undue influence, mental capacity, fraud, or knowledge of the contents of the document, you should act promptly. It is particularly important to speak to a solicitor before an application for the Grant of Probate is made or, failing that, before the grant is issued, wherever possible. A solicitor can lodge a caveat at the Probate Registry. This will block the Grant of Probate for up to six months, and a caveat can be renewed if necessary. This will give you the time to try to resolve matters. Once a Grant of Probate has been issued, theexecutors have the authority to collect the estate’s assets and distribute them to the beneficiaries. It will be harder to obtain a satisfactory outcome, and executors may be less likely to negotiate once this stage is reached. If you have concerns over the validity of a Will, speak to us now, and we will take prompt action on your behalf.
Inheritance Act Claims
If you are left out of a Will and you were closely related to the deceased, or supported by them before their death, you may be able to make a claim against their estate for financial support. Under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act), the following individuals are entitled to apply for support:
- A spouse or civil partner of the deceased
- A former spouse or civil partner
- A child of the deceased
- Someone the deceased treated as a child of the family
- A cohabiting partner who lived with the deceased, as if they were a spouse, for at least two years before the death
- Anyone the deceased supported financially immediately before their death
There is a deadline of six months from the date of the Grant of Probate in which to file a claim under the Inheritance Act.
This type of claim can also be made if the deceased did not leave a Will and one of the above individuals will not receive a reasonable financial provision under the Rules of Intestacy. For example, stepchildren and cohabiting partners do not receive anything under the Rules of Intestacy.
When someone does not make a Will, their administrators will apply for a Grant of Letters of Administration. An applicant under the Inheritance Act should make a claim within six months of the issue of the grant.
Rectification Claims
If a clerical error is made in the drafting of a Will or the testator’s instructions are misinterpreted, an application can be made to rectify this. Again, there is a deadline of six months from the date of the Grant of Probate by which to file the initial claim.
Proprietary Estoppel or Claims
If you have been promised something by someone, and you rely on this promise to your detriment, you may be able to make a claim if they fail to leave you the asset in their Will. A common example is when a farmer tells their son that a farm will be left to them in their Will. The son relies on this promise to their detriment, not training for any other career, nor working elsewhere, and working long hours for only a relatively low wage. The farmer is estopped from going back on their promise. If they fail to leave the son the farm, then the son can make a claim under the doctrine of proprietary estoppel.
While there is no deadline for a proprietary estoppel claim, it is essential to act quickly. Failure to do so will provide the estate with a strong defence, and could mean that you lose the case because the court considers it to be an unreasonable delay.
For more information, check out our article on what proprietary estoppel is and how to claim it.
Why You Need to Act Quickly When Contesting a Will
By taking action quickly when contesting a Will, the executors will be better placed to negotiate and settle your claim. Contesting a Will after probate is far more complex, as the estate administration will be underway, and executors may be reluctant to compromise once an estate has been distributed. If the title to an asset has been transferred, it will be legally harder to recover it.
The earlier you act, the fresher everything will be in people’s memories. This will assist in gathering evidence in support of your claim, for example, witness statements and relevant documentation.
If the type of claim you are making is subject to a deadline, it is important not to miss it wherever possible, as the court may refuse to extend it.
Can the Time Limit for Contesting a Will Be Extended?
If you miss the probate contest time limit, we can ask the court for leave to apply out of time. We would need to show compelling grounds for having missed the deadline, for example, for late inheritance claims, and an extension is at the court’s discretion and is not guaranteed.
Should you feel that you may have a claim, speak to a solicitor straightaway to ensure you do not lose any of your rights.
How to Check if a Will Has Been Granted Probate
You can use the government’s Probate Records Search to find out whether a Grant of Probate has been issued. This will allow you to calculate deadlines. If a grant has not yet been granted, it may be possible to lodge a caveat with the Probate Registry, delaying the grant. This will prevent the executors from distributing the estate assets and give us longer to file your claim.
Steps to Take to Contest a Will
The contesting a Will process should be tackled promptly. The first step is to speak to an experienced contentious probate solicitor. It is important to find out your legal position, understand the strengths and weaknesses of your case, and to take action to protect the assets in question while matters are decided.
You should also check whether a Grant of Probate has been issued. If it has not, a solicitor will be able to lodge a caveat on your behalf.
If you ask us to represent you, we will then start gathering evidence in support of your claim. This could include the solicitor’s file from when the Will was made, witness statements, correspondence, medical evidence, and financial records.
We always aim to resolve matters without the need for court hearings. We can contact the executors or their solicitor and attempt to agree on a settlement with them. If necessary, we can guide you through an alternative method of dispute resolution, such as mediation.
If your case goes to court, we will prepare a strong case and ensure that you have expert representation by an expert contentious probate advocate.
What Happens if You Miss the Deadline to Contest a Will?
Should you miss the deadline to file an application with the court to contest a Will, we can discuss the grounds for an application for an extension.
We will work to show that the delay was unavoidable, for example, because information has only recently come to light, or you have faced difficult circumstances which meant you were not able to deal with matters earlier. We will also emphasise that you took prompt action and acted diligently as soon as you were able.
>Where we can show the court that it is just and proper to allow an extension, it has the power to set a new deadline. We will then work towards this, ensuring that your claim is filed by that date.
Contact our Contentious Probate Solicitors
If you believe you have grounds to contest a Will, contact us today, and we will advise you of the right steps to take.
For information on Wills disputes in the UK and our related services, see our wills, trusts and probate page.
To speak to one of our expert contentious probate solicitors, ring us on 0300 303 2071, email us at info@witansolicitors.co.uk or fill in our , and we will talk through your situation with you and discuss how we can assist. We have offices in Birmingham, Northampton, London and Wellingborough.
