Limitations on contesting a will

[Linus]

Hi
I am just wondering if the Limitations Act - or any other Act applies when it comes to contesting a will. In effect, how long after probate can, the will be challenged

[des8]

Re: Limitations on contesting a will

Time limits for challenging a will after grant of probate:

Inheritance Act Claim for maintenance	6 months from the grant of probate
Beneficiary making a claim against an estate	12 years from the date of death
Fraud	no time limit applies

However if distribution of assets has taken place there may be little point.
Care to tell us more?

[charitynjw]

Re: Limitations on contesting a will

[MENTION=39710]des8[/MENTION]

Would a section 27 notice affect the above dates?

[des8]

Re: Limitations on contesting a will

@des8

Would a section 27 notice affect the above dates?

I don't think so as that notice only protects the trustees or personal representatives for liability against claims from beneficiaries &/or creditors.
The question raised by Linus concerns disputing the will, not challenging the trustees actions.

[Linus]

Re: Limitations on contesting a will

Hi
It actually goes back many years , a large sum was left to a charity. I suspect that the person who died was 'got' at but cant prove anything.

In addition some members of the family may not want to reopen old wounds

It was always said that the neices and nephews of the couple would inherit, the blood relative died first , several years his wife died and left a very considerable sum to a charity with small sums to the wife's childless brother and two children of friends.


I think we should have challenged it at the time

What probably hurt most was that some valuable possessions that were gifted to them from my grandparents' estate then left the family including some family jewlrey.

I am sure it is too late now , it was just a passing thought
Incidentally the executor was one of the beneficiaries

[des8]

Re: Limitations on contesting a will

A sad tale, but if several years have elapsed it woud be IMO extremely difficult to prove undue influence.
Also as you note, could reopen old wounds and cause problems within the family relationships.