writing a trust

Know Your Rights: Time Limits for Challenging a Will

When a loved one passes away, the distribution of their estate as per their will can sometimes become a contentious issue. Whether you believe the will to be invalid or feel that you have not received your fair share, it’s important to know your rights and the associated time limits for contesting a will in the UK. Delaying action or misunderstanding these timeframes can severely hinder your chances of seeking redress.

Understanding the Importance of Time Limits

Time limits are not arbitrarily established; they serve vital purposes in the legal landscape. When challenging a will in the UK, understanding why these time limits are in place can offer clarity and underscore the urgency of prompt action. Here’s an expanded discussion on the importance of time limits for probate litigation:

Provide Certainty

One of the primary reasons for having time limits is to ensure that the administration of estates is not indefinitely delayed. When an estate is in limbo due to potential or ongoing challenges, it can create a state of unrest and uncertainty for beneficiaries. A fixed time frame ensures that there is a structure to the process and that beneficiaries can eventually receive their inheritance without undue delays.

Protect the Rights of Beneficiaries

Imagine a scenario where beneficiaries have to wait indefinitely, not knowing if or when they will receive their inheritance. It would be unfair and unduly burdensome. Time limits serve to strike a balance between allowing legitimate challenges to a will and protecting beneficiaries’ rights. This ensures that beneficiaries can eventually move forward, using the inheritance for personal, family, or business needs.

Preserve Evidence

As time passes, critical evidence that could be pivotal to a case may be lost, misplaced, or deteriorate. Witnesses who are crucial to establishing the facts of a case might become harder to locate, or their memories of specific events might become less accurate. Having a time limit ensures that cases are brought forward when the evidence is still fresh and most reliable.

Finality and Peace

Prolonged disputes can be emotionally and mentally taxing for everyone involved. Time limits ensure that there’s an end in sight. This can offer solace to grieving families, allowing them to eventually find closure and move on after the loss of a loved one.

Time Limits for Challenging a Will

Now that we have a clear understanding of why time limits exist, let’s examine the various reasons for challenging a will and the time limits associated with each:

Claiming Under the Inheritance

Individuals who feel that they haven’t received reasonable financial provision from a will can claim under the Inheritance (Provision for Family and Dependants) Act 1975. Typically, this includes spouses, ex-spouses, children, cohabitees, and those who were financially dependent on the deceased.

Inheritance disputes have tight deadlines, so it’s imperative that you act quickly. The time frame begins when the grant of probate is issued, not from the date of death. You will have six months from the date of the grant of probate to challenge the will, so be mindful of these time limits.

Challenging the Validity of a Will

There are several grounds upon which the validity of a will can be contested:

• Lack of testamentary capacity: The testator didn’t understand the nature of making a will or the extent of their property.

• Undue influence: The testator was coerced into making the will.

• Lack of proper execution: The will wasn’t signed and witnessed correctly.

• Lack of knowledge and approval: The testator wasn’t aware of the content of the will or didn’t approve it.

Though there isn’t a strict time limit for these challenges, it’s in your best interest to act promptly. Delaying action can lead to the depletion of estate assets and diminish your chances of a successful claim.

Bringing a Claim for Promissory Estoppel

Sometimes, individuals act upon a promise made by the deceased regarding their estate, often resulting in their detriment. If the deceased’s will does not honour that promise, the individual may bring a claim based on promissory estoppel.

Like the validity challenges, there isn’t a strict time frame, but acting quickly is essential to prevent loss of evidence or weakening your claim.

Making a Claim Against Executors or Trustees

If you believe that the executors or trustees have acted negligently or fraudulently, you may have a claim against them. The general rule is that claims based on breach of trust have a 6-year time limit. However, if the breach is fraudulent, there’s no fixed time limit, but again, prompt action is advised.

Seeking Legal Advice

Whatever the grounds for your challenge, it’s paramount to seek legal counsel as soon as possible. Solicitors experienced in contentious probate can guide you through the intricacies of the law and ensure you don’t miss critical deadlines. Moreover, they can provide with you expert advice to ensure that the decisions you make around challenging a will are valid.

Time is of the Essence When Challenging a Will

While challenging a will is never an easy decision, knowing your rights and the associated time limits can help you make informed choices. Acting promptly and seeking legal guidance can substantially increase your chances of a successful challenge. Remember, time is of the essence, and understanding these time limits is the first step to safeguarding your rights. If you require assistance with challenging a will, then please fill out our assessment form at Will Claim today.