Last Updated on April 22, 2026 by tanya

6 Month Time Limit To Contest a Will Under Inheritance Act

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

What You Need to Know to Claim in Time

If you’ve been left out of a will or not sufficiently provided for, you can challenge this under the Inheritance Act 1975, but there is a six month time limit to contest a will. Challenging a will is never an easy decision, but for many people it becomes necessary when they feel they have been unfairly left out of a loved one’s estate.

The law governing these disputes is the Inheritance (Provision for Family and Dependants) Act 1975. However, there is a strict six-month time limit for making a claim which often catches people off guard.

This makes it crucial to act quickly if you are considering a contentious probate claim. We partner with a panel of specialist contentious probate solicitors who offer a range of fee structures, including ‘No Win, No Fee’, as well as flexible funding.

We also offer a free, initial consultation, so contact our team now on what to do next.

 

What Is the Inheritance Act (1975)?

The Inheritance Act was created to protect individuals who were financially dependent on someone who has died but were not properly provided for in the deceased’s will, or under the rules of intestacy if there was no will.

The Act doesn’t allow you to challenge the validity of a will. Instead, it enables eligible people to claim “reasonable financial provision” from the estate.

 

The Six-Month Time Limit: What You Need to Know

One of the most important rules in the Inheritance Act is the six-month deadline:

When does the six-month time limit start?

The clock begins ticking from the date when the Grant of Probate (or Letters of Administration if there is no will) is issued. This legal document formally authorises the executors to administer the estate.

From that date, you have six months to issue a claim at court. It’s important to note that this deadline is not from the date your loved one passed way, but from when probate was granted.

 

What happens if you miss the six-month deadline?

If you fail to issue a claim in time:

Your case may still be possible, but only with special permission from the court.

Courts rarely grant extensions unless there are strong reasons.

Because extensions are not guaranteed, it’s essential to seek legal advice before the deadline expires.

 

Why does this deadline exist?

The purpose is to ensure that estates can be administered efficiently and quickly. Prolonged uncertainty can create financial strain, delay inheritance distribution, and lead to disputes that drag on for years.

 

Who Can Claim Under the Inheritance Act?

The Act limits who can bring a claim, focusing on those who had a close relationship or financial dependence on the deceased. The following categories of people are eligible:

 

Spouses and Civil Partners

A surviving spouse or civil partner can claim if they were not left reasonable financial provision.

 

Former Spouses or Civil Partners

If they have not remarried, they may be able to claim. The court will consider divorce agreements and whether financial obligations still exist.

 

Cohabiting Partners (Living Together for 2+ Years)

If you lived with the deceased for at least two years immediately before their death as if you were married or in a civil partnership, you may claim under the Act.

 

Children (including adult children)

Both minor and adult children can claim if the distribution fails to meet their maintenance needs. This includes biological, adopted, or sometimes those treated as children of the family. This covers stepchildren or others financially supported or raised by the deceased, even without a formal legal relationship.

 

Financial Dependants

Anyone who was financially supported, even partially, by the deceased before death can claim, regardless of family connection.

This category is intentionally broad, making it possible for long-term dependants, carers, or even non-relatives to apply.

 

Why Do People Claim Under the Inheritance Act?

There are several common reasons people choose to make a claim:

 

They were financially reliant on the deceased

If an individual depended on the deceased for income, housing, bills, or daily living expenses, the law requires that this is considered.

 

The will is unfair or does not reflect true intentions

Sometimes wills are outdated, poorly drafted, or fail to consider modern family structures (such as second marriages, stepchildren, or long-term partners).

 

They were unexpectedly excluded

Being left out entirely or left significantly less than expected is a common trigger for claims.

 

Promises were made but not fulfilled

If the deceased promised financial support or property during life but did not include this in the will, a claim may be justified.

 

The estate was divided unequally without clear reason

For example, leaving everything to one child and nothing to the others may give grounds for a claim, depending on circumstances.

 

Practical Steps If You Want to Challenge a Will

If you’re considering making a claim, acting quickly is vital. Here’s what to do:

 

1. Check when probate was granted

You can search on the government website for grant of probate and this determines your six-month deadline.

 

2. Seek specialist legal advice immediately

A solicitor can assess whether you have a strong claim and prevent the deadline expiring. We work with a panel of highly experienced contentious probate solicitors who can help you and who offer a No Win No Fee option. This means you don’t pay unless you win your case.

Your solicitor has a good understanding of the complexity of contentious probate and after assessing your case can advise you if you should move forward.

 

3. Gather evidence of financial dependence

Bank statements, payment records, written promises, and tenancy documents help build a case.

 

4. Try to resolve the dispute early

Many claims settle out of court through negotiation or mediation, saving time and cost.

 

5. Issue proceedings early if needed

If negotiations drag on, your solicitor can issue a claim to keep you within the time limit.

 

Why Acting Early Matters Most

The six-month time limit is strict, and courts expect claimants to be proactive. Delays can:

– weaken your case;

– reduce your chances of receiving an award;

– complicate the division of the estate;

– cause financial hardship for dependants.

Starting early ensures your rights are protected and gives you the best chance of a positive outcome.

 

Get in Touch Today – Free Consultation

If you believe you have grounds for a claim under the Inheritance Act, or if you’re unsure whether the will provides reasonable financial provision, it’s essential to get specialist legal advice as soon as possible. Acting quickly can make the difference between a strong, successful claim and one that never gets heard.

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back.