How long do I have to contest a will?
Short answer
It depends which claim you are bringing. An Inheritance Act claim must be issued within 6 months of the grant, and so must a rectification claim. A challenge to the will’s validity has no fixed deadline — but you must enter a caveat before the grant issues.
Most estate disputes are lost on the calendar rather than on the merits. Three different claims get called "contesting a will", and each runs on its own clock.
The deadline map
- Inheritance Act 1975 claim — the claim must be issued at court, not merely threatened, within 6 months of the grant of probate or letters of administration. The court has a discretion to extend but exercises it sparingly. Treat it as absolute.
- Rectification under section 20 of the Administration of Justice Act 1982, where a clerical error means the will does not carry out the testator's instructions — also 6 months from the grant.
- Validity challenge — capacity, want of knowledge and approval, undue influence, forgery, or defective execution. No statutory limitation period, but once the grant issues the executors may lawfully distribute, and recovering money from beneficiaries who have spent it is hard. Delay also invites a finding that you acquiesced.
Note that the Inheritance Act clock runs from the grant, not from the death and not from when you found out. Where no grant is ever taken out — everything passed by survivorship, or the estate was small — no clock is running at all.
The two protective steps
A caveat stops a grant being issued. It costs £4, lasts six months, and can be renewed in its final month. It is the right tool for a validity challenge, buying time to obtain the solicitor's will file and the deceased's medical records. It is the wrong tool for an Inheritance Act claim, which assumes the will is valid: blocking the grant simply delays the start of your own deadline and antagonises the executors you need to negotiate with. If an executor issues a warning against your caveat you have just 8 days to enter an appearance — the step at which unrepresented claimants most often lose their position.
A standing search does the opposite job: it tells you automatically if a grant issues in the following six months, so an Inheritance Act deadline can never start without your knowing. You can also check the Probate Registry's free online record.
Contentious probate is expensive and rarely reaches trial. The old assumption that the estate pays everyone's costs has largely gone — the normal rule is that the loser pays — and legal aid is unavailable. Courts expect mediation, and most disputes settle there.
Related guides
Challenging an Estate: Deadlines and Protective Steps
Most estate disputes are lost on the calendar rather than on the merits. This guide is about the clock and the paperwork that stops it: which route your dispute falls into, what the deadline is for each, and the protective steps — a caveat, a standing search — that buy you time while you take advice. For the five grounds for invalidating a will see <a href="/wills-probate/contesting-a-will-grounds">contesting a will: the five grounds</a>; for claims for reasonable financial provision see <a href="/wills-probate/inheritance-act-claims">Inheritance Act 1975 claims</a>.
8 min
Contesting a Will: The Five Grounds and the Court Process
Contesting a will is one of the most fact-intensive areas of civil litigation. There are five established grounds for invalidating a will, each with its own legal test and evidential requirements. This guide explains each ground, the evidence usually needed, and the alternative route of an Inheritance Act 1975 claim where the will is valid but does not provide for you.
11 min
Inheritance Act 1975 Claims
A valid will can still leave someone in genuine need with nothing — and the intestacy rules can do the same. The Inheritance (Provision for Family and Dependants) Act 1975 is the safety valve: it lets a defined list of people ask the court to order "reasonable financial provision" from the estate, even where the will is perfectly valid. But it is not a general fairness law — only qualifying applicants can use it, most must show a maintenance need, and the claim must normally be issued within six months of the grant of representation.
10 min
Grant of Probate: The Probate Process Explained
A Grant of Probate is the legal document issued by the Probate Registry that confirms the executor's authority to deal with the deceased person's estate. Most financial institutions and land registries require a Grant of Probate before releasing assets. This guide explains when you need probate, how to apply, what it costs, and what happens during estate administration.
10 min
More wills questions
Disclaimer