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WHAT IS THE SIX-MONTH RULE FOR DISPUTING A WILL?  

WillClaim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the time limits for making a claim under the Inheritance Act, and the confusion over timeframes that can arise when making a claim against the will and estate of a family member or loved one. 

We often encounter a degree of confusion about when someone can make a claim against an estate or challenge the validity of a will. Many clients mention the ‘six-month rule’, fearing that if they do not start their case within six months of the Grant of Probate, they will lose any legal right to claim their inheritance. As we explain below it is always advisable to bring cases like this promptly but not every claim has a six-month limit. In this short article we set out the rules you need to bear in mind when deciding when to start a will contest.

What is the time limit for challenging the validity of a will? 
Despite what you may have heard there is no legal time limit for bringing a case claiming that a will is not legally valid. However your claim must be based on one of the legal grounds for challenging a will. For example: 

  • The person making the will (the testator) didn’t actually sign it – their signature was forged 
  • The testator did not follow the requirements of section 9 of the Wills Act 1837 when executing the will – usually this means they did not sign it in front of two witnesses who also signed at the same time   
  • The person making it was forced or pressured into leaving money property and/or assets to someone. This can be difficult to prove because there is no prohibition on someone trying to persuade – rather than coerce – a testator to leave assets in a particular way  
  • The person making it was misled into leaving money property and/or assets to someone. Typically there will be an element of fraud, for example where false representations about the character of an intended beneficiary are made to the testator so that he or she excludes that person from the will. 

In none of the examples above is there a six month or other time limit to bring your claim. However from a practical point of view a claim attempted long after the estate has been administered is likely to be pointless. Assets will have been distributed and ownership of the testator’s property will have been transferred. In short, the money has gone! 

Even if there are some assets available that you could conceivably claim against, any significant delay would mean trying to prove your case when the evidence needed is likely to have disappeared or been undermined by the passage of time. Key documents may have been lost or destroyed and the recollections of important witnesses are likely to have faded, or those witnesses may have passed away.  

When does the six month limit apply? 
Unlike claims about the validity of a will, Inheritance Act claims – when close relatives and dependants of the deceased seek financial provision from an estate – are subject to a six month time limit. 

In addition, claims to rectify a will where it does not reflect the true intentions of the testator must be brought within six months from the date of the Grant of Probate.

Rectification is necessary when there has been a clerical error during the preparation of the will or there has been a failure on the part of the person drafting the will to properly understand the testator’s wishes.  

Inheritance Act claims and rectification claims do not involve a challenge to the entire will.

Imposing a six-month time limit avoids unnecessary delay in the administration of estates and the potential difficulties that could arise if distributions of an estate are made before proceedings are brought. Judges have also pointed out that the six month limit protects beneficiaries from having to deal with vexatious or stale claims that should have been made much earlier.  

Comment 
The six-month limit for bringing Inheritance Act claims is not set in stone. Cases such as Cowan v Foreman(2019) indicate that the court has a discretion to allow claims to be brought even when six months have elapsed since the Grant of Probate. However cases like this are out of the ordinary, and our advice would always be to seek urgent advice on the merits of any claim.  

In cases where you seek to challenge the validity of the will and there is no legal time limit you should still avoid delay. Courts are more likely to view your case favourably where you have acted promptly and there is strong evidence available to the court and the recollections of any relevant witnesses are fresh and cogent.

Contact Us 
If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask for more information about our no win no fee arrangements, then please do not hesitate to contact WillClaim Solicitors for a confidential no strings chat. You can also call us on 02033225103 

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