Legal Grounds for Contesting a Will

In order to contest the validity of a Will, you need to have legal grounds to launch a challenge.

These grounds are strictly defined and include the following:

Did the deceased intend to make the Will?

Was it the deceased last Will?

Was the deceased of sound mind, memory and understanding when they made the Will?

Did the deceased know and approve the Will?

Did the deceased make the Will of their own free will and without undue influence or pressure?

Was the Will executed properly i.e. signed and witnessed correctly?

Is there evidence of fraud or forgery?

Was the Will revoked?

contest a will

How Long do I have to Contest a Will?

The length of time you have to contest a Will depends upon the type of claim you wish to bring. These time limits are covered in the Limitation Act 1980.

Below are some examples of the time limits on contesting a Will. Please note the information below should only be treated as a guide and we would strongly recommend that you seek professional legal advice as soon as possible.

Inheritance Act Claim for Maintenance: Time Limit is six Months from the grant of probate

Beneficiary making a claim against an Estate: Time Limit is twelve years from the date of death

Fraud: Time Limit is No Time Limit


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