Important Time Limits When Contesting a will
Contesting a will is a very complex area, and very often time is of the essence both to preserve the estate assets whilst there are also strict rules that determine how long you have to contest a will. Always seek help, from a solicitor experienced in will disputes.
Stopping Probate By Issuing a Caveat
To start with you will need to gather evidence, such as obtaining a copy of a will or maybe medical records. This does take time, so therefore to prevent probate from being issued, something called a Caveat can be issued against the estate. Once issued, probate cannot be issued by the probate registry for a period of some 6 months.
Time Limits For Contesting a Will
As there are lots of ways to contest a will, there are separate rules with govern the time limits as to when a will can be contested. Therefore, knowing these is crucial.
Claims for maintenance under the Inheritance Act
The time limit is only 6 months from the date of issue of the grant of probate or grant of letters of administration. Given this very short time limit it is really important that legal advice is sought immediately in order to ensure the claim is made in time. Making a claim takes time, and actually means issuing court proceedings which is very time consuming, so never leave it late.
Whilst an application can be issued to the Court to issue a claim ( outside the 6 month period ) it is very rare for the Court to allow this.
Rectification of wills
If an application needs to be made for a rectification of a will, the time limit is 6 months from the date of when probate was issued.
Beneficiaries making a claim against an estate ?
The limitation for a beneficiary making a claim against an estate is 12 years from the date of death.
Fraud
There is no time limit for a beneficiary who wishes to bring a claim against an estate for fraud.
Want to contest a will ? Unsure about time limits ?
If you are thinking about contesting a will, time is always of the essence – we provide a free initial case assessment – Call our specialist team NOW on 0845 568 4000
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Richard Spencer
13:32 21 Dec 21
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07:44 12 Oct 21
Tm Solicitors were an absolute joy to deal with in a time of of loss if one can put the two words in the same sentence ! They responded promptly to all emails and there was always somebody on the... phone I could speak to when needed. All paperwork was sent promptly when needed. We also had probate to deal with in Ireland and Vicky went above and beyond to facilitate in getting all the relevant paperwork to Ireland. The fees were exactly as they quoted with no extra charges. I would not hesitate to recommend them...read more
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09:23 27 Sep 21
Shortly after my father passed away early 2020, I began to "attempt" to get his estate in order but very quickly hit a road block. Creditors wouldn't talk to me because I didn't have letters... administration and I couldn't get letters of administration without having access to to his accounts.I called up and originally spoke to Tim Murden who very quickly reassured me he and his team would be able to resolve this for me. I was contacted by Rebecca who has been a star from start to finish, and she got to work right away. Unfortunately shortly after we got started, the UK went in to lockdown and everything come grinding to a halt. During lockdown, Rebecca was unable to progress my case, but still maintained contact. As soon as people started to return to work again she picked it all back up and got the ball rolling again.Throughout this process, Rebecca has repeatedly chased all the relevant parties and even went above and beyond when I was having a an issue with conveyancing solicitors. I hope that I never have to use her services again (in the nicest way possible), but if I did I wouldn't use anyone else, and I would recommend TM Solicitors to anyone.Thanks again for all your help.read more
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I'm writing this without being prompted as I have been so impressed with the probate service from TM Solicitors. From my first phone call through to the final estate accounts and distribution,... Suzanne Underwood has been so helpful. I found them via a Google search and called on the strength of Google reviews. Their fees are very reasonable and they only take them at the very end even if that's many months away, so no stress there. And as I have just discovered, they remain helpful and proactive even after they have been paid and everything has been officially concluded. My family and I are very grateful.read more
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11:59 16 Sep 20
I would like to take this opportunity to say a very BIG THANK YOU to TM Solicitors, in particular Rebecca Sidebottom for the help and support which began nearly 2 years ago relating to my late... sister's Estate. There have been many ups and downs over this period, but Rebecca has been very supportive in providing very good advice where needed. The ERYC were particularly difficult to get them to refund the Council Tax which was due to us, but Rebecca kept me informed all the way. I would highly recommend TM Solicitors to any of my family or friends. Trishread more
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05:43 24 Jun 20
Living the other side of the world in Australia having to sort out a loved ones estate is a daunting thought to say the least., add into that the Covid virus and having to reseal an overseas probate... in the UK probably tops most things you have to do when it comes to life admin.All I can say is TM Solicitors and in particular Rebecca Sidebottom were outstanding - nothing was too much to ask and everything was dealt with very professionally.I am not one to shout about how well someone has performed in a public forum - but I felt I had to this time. The whole process was painless and worth every penny.If you need legal services and are concerned about using an online legal firm, don't be if you are using TM Solicitors I don't think you have anything to worry about.Onwards & Upwards. Phil & Kathrynread more
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I have never left a review online before, but the service here from Suzanne Underwood was so outstanding that I persisted to work out how to login to write a review. Employing TM solicitors from... overseas here in Australia to sort out UK Legal issues with regards to Reseal of probate and wills, it was so reassuring to have someone on the ground who could communicate so efficiently with both me as well as the necessary institutions and authorities in UK.Suzanne kept me up-to-date on all progress at all times without me even prompting, she is simply outstanding. Her efficiency in working on the job has resulted in me having less stress about this whole situation. This was certainly a lot more than I expected when I first appointed them. Highly recommended.Once again a very special thanks to Suzanne Underwood who is just an amazingly efficient person, and a great communicator and this is rare these days.Regards, Tinaread more
Alan Fidgett
17:23 12 Nov 19
I would highly recommend TM Solicitors. Rebecca Sidebottom recently dealt with the Estate of my late aunt.She was very efficient and friendly. She kept me fully informed of each stage of the process... and was always willing to answer any queries I had. Excellent service.read more
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14:52 06 Feb 19
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