If you are unhappy with a will, it is absolutely critical that you immediately seek legal help, as the time limits on contesting a will can be as little as just six months from the date of the grant of probate or letters of administration been issued.
Unsure of the right time limit to Contest a Will or Apply for Probate Call?
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Contesting a will time limits
Generally, Contested probate time limits vary depending upon the type of claim, and are governed under the Limitation Act 1980. As the limitation to bring a claim can be very subjective it is always very important that expert help is sought. However as a general guide the key time limits to be aware of are as follows :-
|Nature of claim||Time Limit|
Claim for maintenance
from the grant of probate
making a claim against an estate
from the date of death
|Fraud||no time limit applies|
Can you contest a will after probate?
You can contest a will after probate although for lots of practical reasons it is always better to contest a will before probate is issued as an unscrupulous Executor aware of any challenge to a will could dispose of the estate assets, for this reason if you believe you have grounds to challenge a will it is always best to put a Caveat on the estate first preventing probate being issued, this will provide time to allow a Solicitor to investigate the claim.