What is the limitation period for contentious probate?

Answer

The process of probate, which involves the distribution of a deceased person's assets and settling debts, may lead to contentious situations where individuals may contest a Will. Grounds for contesting a Will include claims of undue influence, fraud, lack of capacity, and failure to meet legal formalities. These types of claims don’t have a time limitation. 

Challenges under the Inheritance (Provision for Family and Dependants) Act 1975 may arise, typically from certain categories of individuals who believe they haven't received reasonable financial provision in the deceased's Will or under intestacy. These types of claims should be raised within 6 months of the Grant of Probate or Letters of Administration.

Another common scenario involves beneficiaries questioning the full receipt of their entitlement from the executor or administrator handling the deceased's estate. These claims must be brought within 12 years from the date of death.

Extensions of these time limits are possible but are typically granted only under exceptional circumstances. This framework aims to encourage prompt resolution, preventing cases from lingering indefinitely and ensuring a fair and timely distribution of the deceased's assets.