How Long Do You Have to Contest a Will?

If you believe that a loved one’s Will does not properly reflect their intentions, the question of how long you have to contest a Will becomes pressing. Whether it’s because you were omitted, the Will appears unfair, or you suspect that the deceased lacked capacity or was unduly influenced, understanding the legal timeframe and the process is crucial.

In this article, we explain the rights of potential claimants, whether a Will can be contested after probate, what is meant by contentious probate, and how to move forward. As with all inheritance and estate-dispute issues, using a specialist solicitor greatly improves your chances of navigating the legal minefield successfully.

What Is Contentious Probate?

“Contentious probate” is the term used to describe disputes over a person’s estate after their death. This can include challenges to the validity of a Will, claims for financial provision by dependants or family members, or objections to how executors have administered the estate. If you’re wondering whether a Will can be contested after probate has been granted, the answer is yes, but there are important caveats regarding the timing and nature of your claim.

Key Distinctions: Types of Claims & Their Time Limits

One of the most important issues is that the timeframe for bringing a challenge depends on the nature of your claim. Different legal routes have different deadlines, or, in some cases, no fixed deadline at all.

Claims for Financial Provision under the Inheritance (Provision for Family and Dependants) Act 1975

If you are a spouse, civil partner, child, former spouse (who hasn’t remarried) or a person financially dependent on the deceased, you may have the right to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (often called simply “the Inheritance Act claim”). This route is about the Will (or intestacy), making insufficient provision for you. Key point: The time limit is six months from the date of the grant of probate or letters of administration. If you miss this deadline, you may still apply to the court for extra time, but success is not guaranteed.

Challenges to the Validity of the Will (Capacity, Undue Influence, Forgery, Improper Execution)

If, instead, your concern is that the Will itself is invalid (for example, because the deceased lacked testamentary capacity, was under undue influence, the Will was forged or improperly executed), then the position is different. There is no strict statutory time limit for such validity challenges, but the practical reality is that the longer you wait, the harder it becomes (evidence may vanish, assets may have been distributed).

Other Claims (Breach of Trust, Executor Misconduct)

If your challenge is about how executors are operating (for example, mis-administration of the estate, or breach of their fiduciary duties), limitation periods under the Limitation Act 1980 may apply (e.g. six years for many claims of breach of trust) and in certain cases twelve years from the date of death for other claims.

Can a Will Be Contested After Probate?

Yes, you can challenge a Will after probate has been granted. But it is often more difficult, more expensive, and riskier. When the assets of the estate have already been distributed to beneficiaries, reversing or recovering them becomes more complex.

Moreover, for claims under the Inheritance Act, the deadline of six months from the grant means that your ability to launch that specific route may be curtailed after that point. For validity claims, technically, you can act later, but delay reduces your prospects considerably.

Why Timing Matters & What Happens If You Delay

Time is very much of the essence in contested Will cases. Delay can cause several problems:

Key evidence (medical records, witness statements, letters) may be lost or forgotten.
Beneficiaries may have spent the assets or disposed of property, making recovery harder.
Courts may refuse to allow a late claim if the delay causes prejudice to others.
From a cost perspective, the longer the dispute runs, the greater the legal bills and risk of adverse cost orders.

So, even where no strict deadline exists (for validity claims), you should act promptly.

The Process of Contesting a Will

Here’s a high-level roadmap for a contested Will situation — what you should expect, what steps your solicitor will take, and how the timeframe plays out.

Seek Specialist Legal advice ASAP

A solicitor experienced in “contentious probate” will assess your eligibility, the strength of your case (financial provision vs validity challenge), potential time limits, and cost risk.

Gather Evidence and Evaluate Your Case

Your lawyer will identify what grounds you have (e.g., lack of capacity, undue influence, improper execution, or omission of provision) and secure evidence such as medical records, Will history, witness statements, copies of the Will(s), and executor files.

Consider Putting in a Caveat (If Probate Not Yet Granted)

If you act before the grant of probate, you may be able to lodge a caveat with the Probate Registry, temporarily halting the grant while investigations proceed. This gives you breathing space.

Initiate a Formal Claim

Depending on your route, you may issue a claim under the Inheritance Act or issue proceedings challenging the validity or the executor’s conduct. For the Inheritance Act route, the claim should usually be brought within six months of the grant.

Negotiation/Mediation

Many cases settle before a full trial. Mediation is often a faster, less adversarial and more cost-effective method. If an agreement cannot be reached, court proceedings follow.

Court Proceedings and Judgment

If the matter proceeds to court, there will be hearings, disclosure of documents, witness evidence, etc. The court will decide whether to uphold, vary or overturn the Will (or order financial provision) and deal with costs.

Implementation/Recovery of Assets

If successful, assets may need to be recovered, a new Will applied, or distribution altered. If the estate has already been distributed, recovery may be difficult and expensive.

How Long Does It Take?

While the time you have to act is one question, the time the process takes is another. According to solicitors specialising in this area:

For many claims, initial settlement may take a few months (three to six months) if the parties cooperate.
If court proceedings are required, it may take a year or more (often two years or more for complex estates).

The key point: the earlier you act, the better your chance of resolving without full litigation.

When Should You Act on Contesting a Will?

If you believe you have grounds to contest a Will, you should:

Act immediately or as soon as you become aware of the circumstances.
Engage a solicitor who deals in contentious probate. Waiting until after the assets are widely distributed could hamper your claim.
Consider your route: Are you making a claim for financial provision (which has the 6-month deadline) or a validity challenge (which may be later but still sensitive to delay)?
Preserve evidence: medical records, mental capacity records, copies of Wills, correspondence, and executor accounts.
Keep costs in mind: challenging a Will can be expensive, especially if unsuccessful. A solicitor will advise on cost-risk and funding options (legal expense insurance, conditional fee agreements).

Why Use a Solicitor?

Challenging a Will is not a simple matter of asking the court to “redo” the Will. It involves:

Understanding complex statutes and case law (Inheritance Act, Wills Act, Administration of Justice Act, Limitation Act).
Navigating the procedural rules and deadlines (service of documents, issuing claims, caveats).
Managing valuation of estates, tracing distributed assets, and dealing with executors and beneficiaries.
Advising on cost risk (you may pay others’ costs if you lose) and negotiation strategy.

Given the stakes (both financial and personal/family relationships), it makes sense to use a solicitor who specialises in this field.

FAQs: Contesting a Will Timescales

1. Am I eligible to contest a Will if I am not a child, spouse or dependant?

Possibly — but it depends on the nature of your claim. For an Inheritance Act claim, you must be one of the categories set by statute (child, spouse, civil partner, former spouse, cohabitant in some cases) or financially dependent. For a validity challenge (e.g., undue influence, lack of capacity), being a beneficiary is not always enough — you must show you are affected by the Will’s terms.

2. What if I only discover the Will was defective years after the grant of probate?

For validity challenges (capacity, undue influence, forgery), there is no strict time limit — but delay works against you. For Inheritance Act claims, you could lose your window unless the court allows extra time (which is exceptional).

3. If the executor has already distributed all the assets, can I still contest the Will?

Yes, but it is far more difficult. You may have to pursue recovery from beneficiaries who have received assets, which may be problematic if they have spent them or no longer have funds. Courts may consider whether the distribution prejudices third parties.

4. What happens if I win a claim under the Inheritance Act?

The court may order that you receive a lump sum, a periodic payment, or some asset from the estate. The Will remains valid, but your entitlement is altered to provide reasonable financial provision.

5. What happens if I succeed in challenging the validity of the Will?

The court may declare the Will invalid (either entirely or in part). The estate may then be distributed under an earlier valid Will (or under intestacy rules if no valid Will exists).

6. Will entering a caveat stop the assets from being distributed?

Yes, if entered before the grant of probate, a caveat prevents the executors from obtaining the grant while the matter is investigated. However, it does not stop administration entirely once the probate is granted and may not be appropriate for all types of claim (for example, Inheritance Act claims).

The Clock Is Ticking

Because of the complexity of contentious probate, the procedural rules, time limits and cost risks involved, it is highly advisable to consult a specialist Wills and Probate solicitor as soon as possible. Whether you believe the Will fails to provide for you or you suspect something untoward in how it was made, early professional advice can make the difference between a viable claim and one that is too late.

If you would like expert legal help with contesting a Will, or simply working out whether you can contest it, contact Burt Brill & Cardens today. Our experienced contentious probate team can guide you through your options, assess the strength of your case, alert you to deadlines and strive to protect your interests.

Get in touch with our Wills, Trusts and Probate Solicitors today by calling us on 01273604123 to discuss your needs and find out how we can support you. Alternatively, you can reach us by email at enquire@bbc-law.co.uk or make an enquiry.

How Long Do You Have to Contest a Will in England and Wales?