How long do I have?

Ideally any claim should be made within 6 months of the Grant of Probate or Letters of Administration (if there is no will). This is true whether the claim is against the validity of the Will or is a claim under The Inheritance Act 1975.

It is possible to make a claim outside of this period although it is likely that permission will have to be sought to do so based on the circumstances of the case if the period is outside 12 years.

If a Will is going to be challenged, it is also possible to lodge a Caveat to prevent anyone obtaining Probate of the Will.  This can stop an Executor distributing the assets of an Estate until the Caveat expires or is lifted. Once registered negotiations to resolve any dispute can commence and a solution to the dispute sought. If no solution is possible a challenge to the Will in Court might be the next step. Conversely, an executor can issue a warning to the person who raised the Caveat asking them to explain why they are raising it.

A Caveat can easily be registered for a small fee with or without the assistance of a legal adviser. However, we would always recommend talking to one of our legal experts prior to progressing in any direction.

Do I need professional help and how much might it cost?

We aim to find you the best professional support for your circumstances and payment methods can vary widely depending on your situation. Our legal partners can help you understand the best route for you to take as every circumstance can be different. Contact us now to find out how we can help

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