When can you contest a Will?

When can you contest a Will? What happens if you're excluded from an estate? These are questions that often arise at a time of grief, uncertainty or growing concern about whether a loved one’s final wishes truly reflect their intentions.

Understanding your position early is essential. Whether there are doubts about the validity of a Will or concerns about reasonable financial provision, taking informed advice at the outset can make a decisive difference to the outcome.

When an individual dies, a process is undertaken to establish whether or not they made a Will and if so, which was the last Will that they made. Once enquiries have been made and the last Will is established, there is usually a process to formally establish that Will as governing the distribution of the deceased’s estate, which is known as applying for a Grant of Probate.

When is the best time to contest a Will, before or after probate?

In the period before a Grant of Probate is issued, anyone with an established interest in an earlier Will or on intestacy, can lodge a caveat with the Probate Registry, which prevents the Grant from issuing whilst the caveat remains in place.

The purpose of this is to enable enquiries to be undertaken as to the validity of the last Will, where there are questions or concerns as to whether or not it might be valid. The caveat lasts for a period of 6 months but can be renewed at the end of the 6 month period and there is no limit on how many times it can be renewed.

Can you bring a claim to stop probate while investigating a Will dispute?

Once investigations have been completed, a court application can be made for a declaration that the Will is invalid.

Can you contest a Will at any time?

There is no formal limitation period for seeking such a declaration so in theory a claim can be pursued at any time. This includes after a Grant has issued and the estate distributed to the beneficiaries. 

You can view an in depth guide to contesting a Will created by our team by clicking here.

Can you challenge a Will after the estate has been distributed?

If a claim is successful in such circumstances, the Grant will need to be revoked and beneficiaries contacted to return funds distributed or assets transferred to them from the estate. 

Whilst there is no formal limitation period applicable, the court can invoke the equitable doctrine of laches to prevent a claim from proceeding, where they consider there has been unreasonable delay on the part of the applicant and allowing a claim to proceed would impose unreasonable hardship on the beneficiaries.

There is sometimes a desire to challenge a will during the lifetime of the individual that made it, where it is suspected that they have been manipulated, pressured or lacked the necessary capacity to make the will.

What is the legal time limit for contesting a Will?

The validity of a Will cannot be challenged during the individual’s lifetime and any such claims must be pursued after they have died. There is however the possibility of making an application for a statutory will, which is a will approved by the court in circumstances where an individual has lost capacity and it can be demonstrated that the current position is not what they would have wished for.

How else can I make a claim against an estate?

There are multiple other claims that can be brought against estates, both after death and during the lifetime of an individual, all of which have their own individual processes and time limitations.

Claims under the Inheritance (Provision for Family and Dependents) Act 1975 for example, do not involve any challenge to the validity of the Will but seek the consent of the court to award the applicant provision from the estate. These claims must be brought within 6 months of the issuing of a Grant of Probate.

You can learn more about what the Inheritance Act 1975 is and who can claim by clicking here.

Speak to a Solicitor about contesting a Will

If you are considering whether and when you can contest a Will, decisive action and specialist advice are essential. Our Contentious Probate team advises individuals, families and executors in complex, high-value estates, providing clear, strategic guidance from the outset.

We take a partner-led approach to sensitive disputes, ensuring that your position is protected and that any challenge is handled with discretion, technical expertise and commercial realism. Contact our team today to discuss your case.

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