The time limit to contesting a will starts with one thing: the contents of the will itself.

In the vast majority of cases, we administer a will according to the wishes of the deceased (testator). In those instances with no will, the rules of intestacy will apply. However, in some cases, there are situations where someone wishes to contest and has grounds for challenging a will.

There are a number of reasons why you may be considering contesting a will. But it’s worth understanding that there are a number of relevant time factors to account for. Depending on your reasons for contesting a will, you will have to assess those time limits. That way, you can understand if you have a legal claim that can be made. This is a determination by your reasons for challenging the will.

The Inheritance Act

To determine a time limit to contesting a will, The Inheritance Act is the biggest player in inheritance legislation.

In truth, the majority of time limits that apply when you’re contesting a will rest on a number of factors. But most will disputes come in accordance with the Inheritance Act. This Act gives you six months from the date of the probate to express your interest in contesting a will. However, there are some cases where the Act doesn’t apply, and you may have more time to make your claim.

Financial Provision Claims

Because the Inheritance Act covers these disputes, they must also be made within six months of the probate. Special permission may be granted by a court if you have reasons for contesting a will after probate.

Claims of Rectification

In some cases of inheritance disputes, the issue is the result of an administrative or clerical error. As with other forms of will contesting, these too will require your claim being made within the six months of the probate date.

Claims against an estate

These are covered under Section 22 of the Limitation Act. These claims can be made up to twelve years after the date of death, although this Act states that six years is the usual time limit to contest a will. Often, these cases go to court due to the failure to deliver on the part of the executor of the will. It’s important that you make your claim as early as possible in order to minimise the potential losses or changes to the estate. If you wait too long, the court may decide that you have lost your chance to dispute the will.

Fraud claims

Fraudulence with Wills is relatively rare. But a provision exists for those wishing to make a claim according to what they believe is fraudulent

• activity occurring within the will, or;
• execution of a will.

There are no time limits for those wishing to make a claim for fraudulent activity in will disputes.

Probate stipulations

When the court issues the probate, then you’ll find it much wiser to make your claim as early as possible. If you act early enough then it may be possible for your legal team to issue a Caveat on the estate which will prevent the probate from being issued. This will prevent any distribution or disposal of any assets, thus simplifying the legal process.

If you believe that you have a valid reason to contest a claim, then it’s essential that you seek legal advice as soon as possible. The faster that you begin the claim process, the more likely it will be that you will be able to access the estate in cases of disputed items or finances.

See more Inheritance news and advice here.

For those with minimal legal knowledge, wills can be complex areas to consider. These considerations complicate matters in those cases where parties try to figure out who can challenge a Will. There’s a number of reasons why someone might contest a will, but not everyone can do so.

There are clear legal guidelines stipulating just who can challenge a will, and if you do not fit it into any of the following categories then you may not be allowed to pursue your challenge. If you do feel that you need to challenge a will, knowing just who is legally allowed to do so could save you both time and expense.

Family Members

The main group with legal permission to challenge a will are family members. It could be that they are hoping to restore an earlier version of the will. Alternatively, it’s possible they’d ask a court to declare that the current will is invalid.

This second challenge is usually in cases of ensuring that the rules of intestacy become applicable. It is worth considering the area of bloodline relations, also. Blood family members (rather than marriage) can make their challenges with the backing of the Inheritance Act.

Will Beneficiaries

If you’re a beneficiary of a will and its executors fail to grant you your inheritance, then you’ll most likely be able to make a claim for will disputes. If the executor of a will does not carry out their duties, the law considers them to be acting unreasonably. In short, the executor isn’t fulfilling their function in terms of distributing the estate.

Previous beneficiaries of earlier wills

Wills often receive regular updates. Accordingly, you might fear that a later version of the will doesn’t benefit you adequately.

But you may be able to contest the will. This can be a difficult area to proceed in. Accordingly, there are a number of issues that will need an assessment before you move forward. Such as providing proof of previous versions. Always discuss this option with experienced legal professionals.

If you are a creditor

If the testator owes you money, you should always look at obtaining legal advice as quickly as possible. You will have to ascertain whether there’s been the issuance of a Section 27 Notice. That’s because this will help support your grounds for contesting a will. If so, the process for making your claim to recoup those unpaid debts is much smoother.

Unmet Promises

If the testator promises you will receive something from their will, you’ve reason to expect it. But they might not follow through on that promise. As a result, you may be able to contest the will if you suddenly find that they back out on their promises.

Unmet promises, in fact, are one of the most common reasons to contest a will. Especially if the claimant is able to show they were relying on that money or those items.

Reasonable Provision

If you count on the testator financially, you can make a claim of Reasonable Provision. You do not have to be related to the deceased in order to make this will dispute type. If the will provides for you in terms of finances or accommodation, reasonable provision is possible in the Inheritance Act.

Now you know Who Can Challenge a Will!

In any legal situation, act quickly. In short, the quicker that you get advice from will dispute solicitors, the faster you’ll reach a satisfying conclusion. If you feel that you have valid reasons to challenge a will, determine which category of challenge you wish to pursue. Then discuss the next steps with your legal advisors.