In this article, we explore the time limits that apply to claimant’s issuing claims within the law of contentious trusts and probate. There are several types of claims that can be made in the context of estate administration, which are summarised below as a guide.
The six-month deadline for Inheritance Act Claims
The Inheritance Act allows permitted categories of applicants to bring a claim for reasonable financial provision from an estate. Claims under the Inheritance Act must be issued within six months of the date on which the grant of probate or letters of administration is first taken out.
If an applicant issues a claim outside of that 6-month window, they will require the permission of the court to bring their claim. The court will consider the merits of the claim, the reason for delay, whether the estate assets have been distributed and the impact on the beneficiaries amongst other factors when deciding whether to permit the claim out of time.
Time limits for Will challenges
There are several route to challenge to the validity of a will. Broadly, wills can be invalidated if:
- the testator lacks sufficient testamentary capacity
- the testator does not sufficiently understand or approval of its contents.
- The testator has been the subject of undue influence, and the will does not reflect the testators wishes.
- If the will has otherwise been created by a forgery or fraud.
- If the will has not been signed in accordance with requisite legal formalities.
There is no strict legal limitation for applicants to challenge the validity of a will, but applicants are encouraged to act promptly, as often the evidence upon which an applicant will rely upon in support of their challenge may be jeopardised with delay.
Time limits for proprietary estoppel claims
Proprietary estoppel claims arise where an applicant claims they were promised property or an interest in an estate, relied on that promise, and suffered detriment as a result.
There is no single, strict limitation period that applies to proprietary estoppel claims, but the timing of the application may depend upon the nature of the remedy sought and whether it would be inequitable for the claim to proceed, for example, whether the doctrine of laches (delay) could be a persuasive defence to the application proceeding. Usually, there is an event, such as the death of the person making the promise or a dispute in life, that would trigger the circumstances giving rise to a claim in estoppel. Claimants are encouraged to act promptly to avoid arguments over delay being made by their opponents.
Caveats
A caveat acts as a mechanism to prevent a grant of representation being obtained.
Caveats are temporary and automatically expire after 6 months, though it is possible to continually renew the caveat whilst any necessary investigations take place.
Claims against personal representatives
Claims against personal representatives may take several forms, including claims for an account, allegations of breach of duty, applications to remove or replace a personal representative, or claims relating to misapplied estate assets. The applicable limitation period depends on the nature of the claim and remedy sought.
In practice, the safest approach is to identify the cause of action early, secure estate information quickly and avoid allowing administration to continue unchecked while the limitation position becomes more complex.
| Type of claim | Typical time limit or timing rule |
| Inheritance Act claim | Six months from the date of the grant of probate or letters of administration. |
| Will challenge | No strict limitation but parties are encouraged to act pr |
| Fraud or forgery | Time may run from discovery of the fraud, forgery or concealment, or when it could reasonably have been discovered. |
| Proprietary estoppel | No single strict limitation period; timing depends on the relief sought and equitable principles such as laches. |
| Caveat | Usually valid for six months and renewable before expiry. |
| Claims against executors or administrators | Depends on the cause of action, including breach of trust, account, removal, misapplication of assets, fraud or conversion. |
Why is delay an issue?
There are several reasons to act promptly if you are contemplating a claim against an estate.
Witness evidence
Contentious probate claims often require witness testimony to be provided and delay can jeopardise a witness’s ability to accurately recall events.
Solicitors’ files
Whilst most solicitors operate electronic files, there remains a risk that certain files could be destroyed, which could prevent a potential applicant from obtaining evidence that they require to progress their claim.
Credibility
Delay may also have an adverse effect on how the parties or the courts view the claimant’s position and might undermine the seriousness or credibility of the claim
Summary
Regardless of the nature of the claim being considered, acting promptly enables a potential applicant to obtain recent evidence, increases their chances of preserving the estate assets and usually allows them to better position themselves to the courts. Delay is often detrimental for claimants, and at its worst, could prevent them from being able to pursue their claim entirely.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
