Will disputes can be complex and may arise for any reason. Most often concerns about the validity of a will arise in the immediate aftermath of the testator’s death. However, there may be circumstances where issues arise before this (for example during the testator’s lifetime) or much later (if, for example, you did not know the terms of the will until much later). B P Collins’ contentious probate team explores when a will contest may be brought.
On what grounds can you contest a will?
Wills may be contested for many reasons including where there are concerns that the deceased:
- did not have mental capacity to write their will
- was forced or coerced into preparing their will in particular terms
- failed to make reasonable provision for their spouse or someone dependent on them financially
- failed to properly sign their will
or it is claimed the will is simply fraudulent.
How long do you have to contest a will?
The time you have to contest a will depends on the type of dispute. For will validity issues there is no strict limitation (the time after which the court will not allow a claim to be brought).
Other claims do have strict time limits. For example, as claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) must be brought within 6 months of the date of the grant of probate.
If you are unsure whether your claim has a time limit, it is always advisable to seek advice from a contested probate specialist lawyer who will be able to assist you.
Can a will be contested after distribution?
Depending on the type of claim, it may be possible to contest a will many years later and even after distribution. However, if a claim is left for too long and the estate has been distributed, there is a risk that the assets have been dissipated i.e. spent, which may mean there is little benefit to bringing the claim.
In other cases, for example, where your claim is that you did not receive your inheritance, there may be claims against the executors for which they are personally liable, and the fact that the estate has been distributed will not matter even if those assets could not be recovered.
If you require advice in relation to an estate or will dispute, please contact our contentious probate lawyers at enquiries@bpcollins.co.uk or 01753 889995.
