How Long Do You Have to Contest a Will?

Losing someone close is hard enough. When you also believe there is something wrong with their will, the sense of urgency can feel overwhelming, and one of the first questions people ask us is a simple one: how long do you have to contest a will?

The honest answer is that it depends on the type of claim you are making, and some deadlines are far stricter than others. If you are weighing up your options, our guidance on contesting a will and resolving estate disputes sets out the wider picture. Below, we explain the main time limits for contesting a will in plain English so you know where you stand and why acting early matters.

Why time limits matter so much

There is no single deadline that covers every will dispute. The clock you are working to depends on the legal basis for your claim, and missing the right one can mean losing your ability to bring a case at all.

Some claims must be made within months. Others have longer windows, and a few, in limited circumstances, have no fixed limit. Because the differences are significant, the safest approach is always to take advice as soon as you have concerns rather than waiting to see what happens.

The key time limits for contesting a will

Inheritance Act claims: six months

If you are claiming that a will (or the intestacy rules where there is no will) fails to make reasonable financial provision for you, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

This is one of the strictest deadlines. You generally have six months from the date the grant of probate is issued to start your claim. The court can sometimes allow a late claim, but it is at the court’s discretion and is never guaranteed, so it is wise to treat six months as a firm cut-off.

Challenging the validity of a will

If you believe the will itself is invalid, the position on timing is different. Common grounds for challenging validity include:

• The will was not signed or witnessed correctly.
• The person making it lacked the mental capacity to do so.
• They did not know and approve of its contents.
• They were unduly influenced or pressured by someone else.
• The will is a forgery or fraudulent.

There is no strict statutory time limit for challenging the validity of a will in this way. However, that does not mean you should delay. Once an estate has been distributed to the beneficiaries, recovering assets becomes far more difficult, and long delays can weaken your position.

Claims against a fraudulent executor

Where you are alleging fraud or fraudulent misuse of the estate by an executor, there is generally no time limit for bringing a claim to recover the estate’s assets.

Claims for repayment from an estate

If you are a beneficiary seeking to recover part of the estate that has been wrongly paid out, the time limit is usually twelve years from the date of death. Claims for interest on a legacy tend to have a shorter window.

What happens if you wait too long?

If a valid deadline passes, the court can refuse to hear your claim, regardless of how strong you believe it to be. Even where no strict limit applies, waiting is rarely in your interest.

Once the executors distribute the estate, the money and property may already be spent, sold or moved on. Acting quickly protects both your legal position and the assets you may be entitled to.

How long does it take to contest a will?

People often ask us how long does it take to contest a will, as well as how long they have to start. The two questions are separate, and the timescale for resolving a dispute varies widely.

A straightforward matter that settles through negotiation might take a few months. A more complex claim that goes to court can take a year or longer. The length depends on:

• The grounds for the dispute and the evidence involved.
• Whether the other side is willing to negotiate or mediate.
• How complicated the estate is.
• Whether the case can be settled or has to go before a judge.

Many disputes are resolved without a full court hearing, which usually saves both time and cost. Our team will always look for the most sensible route for your circumstances.

How Hopkins can help

We know that raising concerns about a loved one’s will can feel uncomfortable, especially when family relationships are involved. Our solicitors will listen to your story, explain your options clearly and tell you honestly whether you have a claim worth pursuing.

Because the deadlines can be short, the most important step is to get advice early. We will help you understand which time limit applies to your situation and what needs to happen next.

If you are worried about a will and want to know where you stand, get in touch with our team for a clear, plain-English conversation about your options.