How Long Do You Have to Contest a Will?

In the UK, some will dispute claims have a limit of six months, and some can be brought at any time. However, given executors of wills typically try to complete the administration process in between six to 12 months, it is always advisable for a claim to be made as early as possible before there is a risk of the estate being distributed.

If you are considering bringing a clim, you should work with professional wills dispute solicitors to form a strong argument as to why you are right to contest the will and gather as much evidence to support your claim as possible.

If you wish to challenge the validity of a will, you may wish to issue a caveat before probate is granted. We can advise on whether this is appropriate in your circumstances. However, you can still challenge the will after probate has been granted in certain circumstances.

In the following post, we will explore how you can contest a will and what you will need to be not only eligible, but successful. For information about how we can help you, click here.

Am I Eligible to Contest a Will?

There are a number of reasons why people contest wills, including because they have been left out, disagreeing on the contents, or because they believe there may be legal concerns about the document.

You may wish to contest a will because you believed the deceased did not have the capacity to make the will, were influenced by another person to make a will in a particular way or because you do not believe the person knew or understood the contents of their will. These could all be valid reasons to contest a will.

If you have been excluded from a will or were not left as much as you believe you ought to have been, this could give you reason to make a claim against the estate for more financial provision. In this case, the court will assess your current finances, your dependency on the deceased and your relationship to the deceased to decide whether you will be successful in a claim.

To find out whether you are eligible to contest a will, you should seek an assessment from the professional will disputes solicitors at JMW, who will be able to explain the specifics of your situation and advise you on your best options going forward.

How Long do I Have to Contest a Will?

Some claims can be brought at any time but others must be brought within six months of the grant of probate being issued. This will only be the start and the claim itself can often take many months to resolve and significantly longer if you are required to run it through to a trial at court. Claims contesting a will can be brought to the court after an estate has been administered, but it can be incredibly difficult to do so; therefore, it is important that, when contesting a will, you seek legal advice and start your claim as soon as possible. 

Some claims can be difficult to gather sufficient evidence for, and come with serious legal implications, so it is recommended that you seek help from a legal professional at the earliest opportunity to allow investigations to be carried out before you have to make a decision about issuing a claim.

Read more about what happens when a will is contested.

JMW Can Help

At JMW Solicitors, our contentious probate solicitors are experts in their field. Our team can provide legal advice and representation in court, and will work to resolve issues expediently and to avoid court proceedings,  which can be time-consuming and expensive, wherever possible. 

We understand that it can be highly stressful to take legal action regarding someone’s death, particularly while you are still grieving. We work to ensure that the process is as stress-free and streamlined as possible by breaking down confusing legal terminology and maintaining transparency with clients. We always aim to take on the majority of the legal responsibility for our clients, to ensure that you can focus on the other aspects of your life.

For expert legal advice and representation, visit our Contesting Wills page or contact the will disputes team at JMW today. Call 0345 872 6666 or fill out an online enquiry form, and we will get back to you at a convenient time.