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Limitations on contesting a will

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  • Limitations on contesting a will

    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
    Tags: None

  • #2
    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?

    Comment


    • #3
      Re: Limitations on contesting a will

      [MENTION=39710]des8[/MENTION]

      Would a section 27 notice affect the above dates?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Limitations on contesting a will

        Originally posted by charitynjw View Post
        @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.

        Comment


        • #5
          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

          Comment


          • #6
            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.

            Comment

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