Contesting a Will Time Limits

When it comes to contesting a Will, there are a few matters to think about. One of these is time limits. There are time limits to take into consideration when contesting a Will, and there is also the time it takes to do so.

Contesting A Will Time Limits

In general terms, you have until the executor is granted and they start to distribute the estate to contest a Will. There are exceptions to this rule, however. You may have longer to contest the Will if you are a beneficiary, for example, or if you believe there is fraudulent activity involved.

It is also possible to contest a Will after the executor has begun dividing the estate. The best way to determine this is by seeking legal advice as soon as possible.

There is also a time limit on making a claim after a person has passed away. This time limit is usually within 5 years of the person dying, but there may also be exceptions to this.

Contesting Probate Time Limits

Under The Inheritance Act, you only have six months to contest a Will after probate has been granted. A Grant of Probate is a legal document that clarifies the Executor of a Will, and confirms they have legal right to deal with the Estate. This means it is important to make your claim as soon as possible. If you can, it is best to make a claim before probate has been issued.

If you are one of the beneficiaries of the Will, you have 12 months to make a claim. There is no statutory time limit for probate disputes that involve fraud. These can include if the person who made the Will was not of sound mind, or they made their Will under influence.

If these time limits pass, it may still be possible to make a claim under The Inheritance Act. You must contact the court so they can grant permission for you to do this.

How Long does it take to Contest a Will?

There are several stages to contesting a Will, so it can be a lengthy process. The first stage is mediation, where the parties will try and come to an agreement. Mediation is almost always the most effective way to handle Will disputes, and the parties can usually come to an agreement.

If mediation does not work, the case may need to go to court. This will also lengthen the process, so solicitors always recommend mediation first.

There can also be other complications that lengthen the process, such as if a beneficiary dies before the testator of the original Will. In this case, their inheritance would become part of their own estate. This means that you would need to contest both Wills.

How We Can Help

Here at The Inheritance Experts, we work with solicitors who have years of experience dealing with all manner of claims. This includes contesting a Will, contesting Probate, and making claims under The Inheritance Act. Contact us today by filling in our contact form, or by calling us on 01614138763 to speak to one of our friendly knowledgeable advisors.

0161 413 8763

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