How Long Do You Have to Bring a Contentious Probate Claim?

This is an easy question to ask – but quite a complicated question to answer

There are two types of “Contentious Probate Claim”.

1-Dispute about the validity of a Will. This happens where, for example, someone has made a Will, but they didn’t have sufficient mental capacity to make it when it was signed. Alternatively, someone may have made a Will, but they were subject to undue influence – so that they made a Will that they wouldn’t otherwise have made.

The people who administer an estate, that means they are the people appointed to collect the assets, pay debts and then distribute the estate, are called Executors. Sometimes Executors don’t need to get a Grant of Probate if the estate is regarded as small – for example some banks and building societies will release to Executors up to £50,000 without a Grant of Probate. If there are assets such as a house, shares or premium bonds then it will be necessary to obtain a Grant of Probate.

Someone making a claim about the validity of a Will can register, what is known as, a “Caveat”. A Caveat stops a Grant of Probate being issued and is quite a powerful legal weapon in the hands of someone who wants to make a claim. It is best therefore to make a claim before a Grant of Probate is issued because this stops the estate being administered. There is therefore no strict calendar timetable to make a claim because the length of time taken to obtain a Grant of Probate varies from case to case.

It is still possible to challenge the validity of a Will after a Grant of Probate has been issued – but it is often more difficult to persuade the Executors or beneficiaries to negotiate – particularly if they have already had the money and spent it! The answer to this part of the question therefore is that it is best to make a claim as quickly as possible.

2- Some people make a claim for reasonable provision under, what is known as, The Inheritance (Provision for Family & Dependants) Act 1975. This was an Act of Parliament which lets certain categories of people make a claim – for example husbands or wives, civil partners, former husbands or wives or former civil partners, children (even adult children or stepchildren) or dependants.

It is best to make a claim for reasonable provision as soon as someone has died – but in any event within six months after the Grant of Probate has been issued. Some Executors will distribute an estate before six months after the Grant of Probate has elapsed, so it is always best to make a claim as quickly as possible. The court does have a discretion to allow a claim to be made “out of time”. In one recent case the court allowed a claim to proceed some 29 years after a Grant of Probate was issued – but this type of case is rare.

It is perhaps best to forget about the legal timetables – the sooner a claim is made the better the prospects of success

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