Last Updated on April 21, 2026 by tanya

Time Limits for Inheritance Disputes

 

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

 

How to Challenge a Will Without Running Out of Time

Disagreements may arise when a loved one passes away, but if you’re going to contest a will, there are important time limits for inheritance disputes. While some will may be challenged on grounds which don’t have a time limit, it’s still highly advisable to file a claim before the estate has been distributed. This is because it becomes significantly more difficult once this has happened.

Inheritance disputes are legally complex and often emotionally charged. Therefore, consulting with a contentious probate solicitor who can deal with your claim in a calm and professional manner can significantly influence the outcome of a claim.

If you are considering challenging a will or defending a claim, it is vital to act quickly.

We partner with experienced contentious probate lawyers who also offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding. They also offer a free consultation – so contact our team today to get started.

 

Key Time Limits for Inheritance Disputes

Time limits can play a crucial role in inheritance disputes. Failing to act within these deadlines can prevent you from making a claim, even if you have valid grounds. In England and Wales, there are different types of inheritance claims. Here are some of the key time limits you should know:

 

1. The Inheritance (Provision for Family and Dependants) Act 1975

If you believe the deceased did not make reasonable financial provision for you, you can make a claim under this Act. The law requires you to bring your claim within six months from the date of grant of probate. Probate is the legal process where the executor is formally authorised to distribute the estate.

 

2. Lack of Capacity or Undue Influence

To challenge a will on the basis that the testator lacked mental capacity or was coerced, there is no statutory limitation. However, courts generally expect these claims to be made as soon as possible after discovering the issue. This is because delays can reduce the credibility of evidence.

 

3. Rectification Claims If a will contains a clerical error or does not reflect the deceased’s intentions, you can apply for rectification. These claims should be made promptly after the mistake is identified.

 

Key takeaway: Acting quickly is critical. Even if the law does not impose a strict deadline for certain challenges, courts favour parties who bring disputes forward promptly.

 

Common Grounds to Challenge a Will

Knowing the reasons why a will can be contested is the first step in pursuing an inheritance dispute. The most common grounds include:

 

1. Lack of Testamentary Capacity

A will is only valid if the testator had the mental capacity to understand the nature of making a will, the extent of their estate, and the consequences of its distribution. Conditions such as dementia, Alzheimer’s disease, or other cognitive impairments can call the testator’s capacity into question.

 

2. Undue Influence or Duress

If someone coerced or manipulated the testator into making or changing a will, the document may be invalid. Undue influence often arises in situations where a vulnerable individual is persuaded by a family member, carer, or advisor to leave them more than intended.

 

3. Fraud or Forgery

A will can be challenged if it was forged or if the testator was misled into signing it. Examples include pretending the document is something else or falsifying signatures.

 

4. Lack of Proper Execution

Wills must comply with strict formalities to be valid. In England and Wales, a will must be:

 

In writing.

Signed by the testator.

Be witnessed by two independent adults present at the same time.

 

Failure to meet these requirements may render the will invalid.

 

5. Claims for Reasonable Financial Provision

Even if a will is valid, certain individuals can claim if they were left without reasonable provision. This can include:

 

Spouses or civil partners.

Former spouses in some circumstances.

Children or dependent adults.

 

Why Should You Use A Specialist Contentious Probate Solicitor?

Inheritance disputes are often emotionally charged and a specialist contentious probate solicitor can make a significant difference in navigating these challenges:

 

1. Knowledge of Probate Law

Contentious probate solicitors specialise in inheritance disputes. They understand the complex legal framework surrounding wills, intestacy, and family provision claims. Their expertise ensures that all aspects of your claim are handled accurately and efficiently.

 

2. Early Case Assessment and Strategy

A solicitor can assess the strength of your claim, gather evidence, and identify potential weaknesses. Early strategic planning increases the likelihood of success, particularly in cases where time limits apply.

 

3. Negotiation and Mediation

Many inheritance disputes are resolved without going to court. Solicitors can negotiate settlements and explore mediation. This has a considerable impact on saving time, keeping costs down, and managing emotional stress. Their experience ensures that any agreement protects your legal rights and interests.

 

4. Court Representation

If negotiation fails, your solicitor will represent you in court, presenting evidence and arguments on your behalf. Courts are complex, and the procedural requirements are strict, making professional legal representation vital.

 

5. Reducing Emotional Stress

Challenging a will can be emotionally draining, especially when family relationships are involved. A solicitor manages the legal process, allowing you to focus on personal matters and dealing with gried after the loss of a loved one while ensuring your claim is professionally handled.

 

Steps to Take When Considering a Will Challenge

If you are considering challenging a will, follow these steps:

 

1. Act Promptly Time limits are critical. Obtain a copy of the will and grant of probate as soon as possible.

 

2. Seek Specialist Advice Consult a contentious probate solicitor. Their legal knowledge is crucial in understanding your options and the likelihood of success.

 

3. Gather Evidence Collect medical records, correspondence, and witness statements that support your claim.

 

4. Assess Grounds for Challenge Your solicitor can help you to determine whether your dispute falls under lack of capacity, undue influence, fraud, or reasonable financial provision.

 

5. Consider Alternative Dispute Resolution Mediation or negotiation can resolve disputes more amicably and quickly than court proceedings.

 

6. Prepare for Court if Necessary If negotiation fails, your solicitor will draft legal documents and present your case in court. Be prepared for the process to take time, especially in complex estates.

 

Contact Our Team – Free Consultation

Inheritance disputes are often stressful, complex, and time-sensitive. Acting promptly and seeking expert legal advice ensures you can challenge a will effectively and with confidence.

Taking the first step today could make all the difference in securing a fair resolution to your inheritance dispute.

📞 Call us now on 0333 358 2345 📧 Or contact us online to arrange your free consultation.