Are there time limits for challenging a will?

Challenging badly drafted or executed wills has become far more common in recent years, but is there a time limit for starting court proceedings if you want to challenge a will?

There are two main types of challenges to wills:

• claims under the Inheritance (Provision for Family and Dependants) Act 1975; and
• claims brought if the will has been prepared fraudulently, with undue influence, or is deficient in some other way.

What is an Inheritance Act Claim?

An Inheritance Act claim is brought against the estate of a deceased person if their will does not provide "reasonable financial provision" for a spouse, child, or dependent. 

There are rules about how an estate should be left fairly to spouses and children and if these rules are not adhered to, it can mean claims are brought by those who have been disinherited. 

What is the Time Limit for an Inheritance Act Claim?

Inheritance Act claims must be brought within six months of the Grant of Probate or Letters of Administration. In the case of Cowan v Foreman & Others, a High Court Judge issue a stern warning to claimants issuing Inheritance Act claims outside this deadline. 

The Cowan case involved a widow who issued a claim against her late husband’s estate seventeen months out of time. The claimant argued that she was not made aware of the six month time limit. Permission for the claimant to make the application out of time was denied on the basis that she had virtually no prospects of success at trial and there was no good reason for the delay in making the application out of time.

Mr Justice Mostyn made clear that in the absence of  highly exceptional factors, the court will look unfavourably on such a late application, and said that the limit of excusable delay “should be measured in weeks or at most a few months”.

The Judge also commented on the parties' suggestion of a “standstill agreement” allowing time for an extension stating that it was for the court to decide on acceptable time periods in an inheritance claim not the parties. He further stated that time limits existed in inheritance claims to ensure the administration of estates and to avoid the stress and expense of litigation and said: “the time limit must be there to protect beneficiaries from being vexed by stale claims whether or not the estate has been distributed. Similarly the time limit must be there to spare the court being burdened with stale claims which should have been brought earlier”.

What is the time limit for challenging the validity of a will?

Surprisingly, there is no time limit for challenging the validity of a will. However, if the estate of a deceased person has already been administered (property has been sold, cash paid to beneficiaries and assets have been passed on to loved ones) it can be incredibly difficult to mount a challenge. 

If you wish to challenge the validity of a will, it is therefore important to take action as quickly as possible. 

Samuels Solicitors have been assisting clients with disputes about wills and inheritance for many decades. If you want to bring a claim about a will, please do not hesitate to contact one of our team who will be to discuss the matter further with you.