This is a simple question to ask. However, in practice, the answer can be more complex. That said, understanding the basic framework will help you act at the right time and protect your position.
Broadly speaking, there are two main types of Contentious Probate claim, each with different considerations and time limits.
The first type of claim involves a dispute about whether a Will is legally valid. This commonly arises where:
The people responsible for administering an estate are known as Executors. Their role is to collect the assets, pay any debts, and distribute the estate to the beneficiaries.
In some cases, Executors do not need to obtain a Grant of Probate, particularly where the estate is small. For example, some banks or building societies may release funds of up to £50,000 without one. However, where the estate includes assets such as property, shares, or premium bonds, a Grant of Probate will almost always be required.
If you intend to challenge the validity of a Will, you can enter a Caveat. Importantly, a Caveat prevents a Grant of Probate from being issued. As a result, it effectively stops the estate from being administered and can be a powerful protective measure.
For this reason, it is usually best to raise a challenge before a Grant of Probate is issued. Since the time it takes to obtain Probate varies from case to case, there is no fixed calendar deadline. Nevertheless, acting early significantly strengthens your position.
Although it is still possible to challenge a Will after a Grant of Probate has been issued, doing so can be more difficult. In particular, Executors and beneficiaries may be less willing to negotiate, especially if the estate has already been distributed and funds spent.
Accordingly, while post-Probate challenges are possible, early action is always preferable.
The second type of claim arises under the Inheritance (Provision for Family and Dependants) Act 1975. This legislation allows certain categories of people to seek reasonable financial provision from an estate.
Eligible applicants include:
In contrast to Will validity challenges, Inheritance Act claims are subject to strict time limits. Specifically, you should issue a claim within six months of the Grant of Probate.
While some Executors wait until this six-month period has passed before distributing the estate, others do not. Consequently, delaying your claim can put you at significant risk.
Although the court does have discretion to allow claims outside the six-month limit, this is rare. For example, while there has been a case allowing a claim nearly 29 years after Probate, such outcomes are highly exceptional and should not be relied upon.
Ultimately, it is best not to focus too heavily on legal deadlines alone. Instead, the key message is simple: the sooner you take action, the better your prospects of success.
Early advice allows your solicitor to protect the estate, preserve evidence, and pursue the strongest possible outcome on your behalf.
We deal with Contentious Probate matters every day. As a result, we understand both the legal complexities and the emotional pressures involved.
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