Understanding time limits for probate disputes

People often approach us many years after someone has passed away to pursue probate disputes. This can be for various reasons, and we are seeing the number of enquiries rise. When pursuing a probate dispute, it is important to understand the time limits on these claims and what this can mean. Hayley Gaffney, Associate in Coodes’ Inheritance and Trust Disputes team, explains.

The timing of probate disputes

There may be a number of reasons why probate or a will might be retrospectively challenged, for example waiting for the loved one’s spouse to also die or perhaps having been a minor when a loved one died and the proposed claimant is now an adult.

The longer it has been since the deceased passed away or their estate was administered, the more difficult it can become to dispute inheritance. There are two main reasons for this: The first is that the more time that has passed, the more likely it is that relevant documentation or solicitors files could have been destroyed or misplaced. Additionally, as people’s memories will have faded over time, those who may have been able to assist could have died or moved away and be untraceable or have simply forgotten pertinent events or information.

The second potential difficulty is that the administration of the estate may have been settled in good faith at the time. In attempting to challenge this, the courts may well be reluctant to interfere with it if doing so was reasonable. This is legally known as ‘laches’ – the unreasonable delay in bringing a claim.

When can I pursue a probate dispute?

In addition to laches issues, it is also important to note that there are time limits and limitation deadlines to consider. For example, with a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, there is a 6-month time limit from the date of grant of probate for the claim to be issued with the Court.

Generally, if the claim is not issued by this 6-month deadline, you will most likely lose the right to pursue it. However, there are situations where the court may allow a claim to be brought outside of this period in limited circumstances.

For a probate dispute such as disputing the validity of a will, there is no strict time limit. However, it is recommended that this is done promptly and generally we would advise to pursue this within 12 months of grant of probate. The court can consider delay adversely if the delay seems unreasonable.

Furthermore, there are separate legislation-dictated deadlines for professional negligence claims, such as negligently drafted will claims against solicitors.

How to begin a claim

If you are considering a claim, no matter how long has passed, speak to our Inheritance and Trust Disputes team at Coodes. We can advise you of the merits of pursuing a probate dispute and support you if you decide to go ahead.

Contact the Inheritance and Trust Disputes team by calling us on 0800 328 3282 or fill in the online contact form on our website.