Time Limits for Inheritance Claims UK: Inheritance Act, Probate and Trust Deadlines
Updated 31 May 2026 · 9 min read · Contentious Probate & Estate Claims
If you have a claim against a deceased person’s estate — whether under the Inheritance Act 1975, by contesting the will, or as a trust beneficiary — time limits are critical. Miss the deadline and your claim may be permanently barred. Here is a practical guide to the main limitation periods in English inheritance law.
Inheritance Act 1975 Claims: 6 Months from the Grant
The most important deadline in contentious estate work is the 6-month limit under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975. Any application for reasonable financial provision from the estate of a person who died domiciled in England or Wales must be issued in court within 6 months of the date the grant of representation is first extracted.
The 6-month clock runs from the date the grant is sealed — not the date of death and not the date the applicant first learned of the death or the will. Key points:
- The claim must be issued (court proceedings started) within 6 months — it does not need to be served or determined.
- If the estate is being administered without a grant (small estate procedures), the 6-month clock does not formally start — but delay may make recovery practically impossible if assets are distributed.
- The court has a discretion to extend time under s.4, but extensions are not guaranteed and are rarely granted after the estate has been fully distributed.
- Active negotiations do not automatically stop time running — always issue the claim before the deadline, even if hoping to settle.
Contesting a Will: No Single Statutory Limit
There is no single statutory limitation period for contentious probate (challenging the validity of a will). Different time limits apply depending on the nature of the challenge:
Probate Caveats
A caveat can be lodged at any time before a grant is issued. Once lodged, it is valid for 6 months and can be renewed. A caveat prevents the registry from issuing a grant without notice — but if a grant is issued before the caveat is lodged, it is too late. If you suspect a will is invalid, lodge a caveat immediately after the death is notified. Do not wait for the grant application to be made.
Challenging a Grant Already Issued
A revocation of grant action (a contentious probate claim seeking to set aside the grant and have the estate administered under a different will or on intestacy) is not subject to a fixed Limitation Act period. Courts have entertained such actions many years after a grant in cases of fraud or forgery where the cause of action was concealed. However, practical considerations mean delay is very damaging:
- If assets have been distributed to bona fide purchasers, recovery is extremely difficult.
- Courts apply the equitable doctrine of laches (unreasonable delay) to refuse relief even within the legal limitation period.
- Witness evidence deteriorates; documents are lost.
Will Rectification
An application to rectify a will under s.20 of the Administration of Justice Act 1982 (correcting a drafting error that fails to carry out the testator’s intentions) must be made within 6 months of the grant, with court discretion to allow late applications.
Breach of Trust Claims
Section 21 of the Limitation Act 1980 provides the framework:
| Type of Claim | Time Limit |
|---|---|
| Fraudulent breach of trust | No limit (s.21(1)(a)) |
| Recovery of trust property in trustee’s possession | No limit (s.21(1)(b)) |
| Other breach of trust (non-fraudulent) | 6 years from breach (s.21(3)) |
| Estate administration claim (real property) | 12 years (s.22(a)) |
| Estate administration claim (personal property / legacies) | 6 years (s.22(b)) |
Limitation does not run against a claimant under a disability (a minor or a person lacking mental capacity) until the disability ends. Once the limitation period expires, the claim is statute-barred and cannot be revived except by the court in very limited circumstances.
Proprietary and Equitable Claims
Claims for a beneficial interest in property — proprietary estoppel, resulting trust, constructive trust — are subject to the Limitation Act periods for the underlying right:
- Land claims: 12 years from accrual (Limitation Act 1980 s.15).
- Contract-based claims (promise to leave property): 6 years from accrual (s.5).
- Laches: Even within the Limitation Act periods, unreasonable delay that causes prejudice to the defendant can bar equitable relief in the court’s discretion.
Practical Summary: Key Deadlines at a Glance
- 6 monthsfrom grant — Inheritance Act 1975 claim (s.4); will rectification (s.20 AJA 1982)
- 6 yearsfrom breach — non-fraudulent breach of trust (s.21(3) LA 1980); personal estate administration claims; contract-based estate claims
- 12 yearsfrom accrual — real property claims; estate administration claims involving land (s.22(a) LA 1980)
- No limitfraudulent breach of trust; recovery of trust property in trustee’s possession (s.21(1) LA 1980)
- Before grantlodge a caveat to prevent grant issuing without notice — no outer time limit, but must be in place before the grant is sealed
FAQs
How long do you have to make an Inheritance Act 1975 claim?
Under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975, an application for reasonable financial provision from a deceased person's estate must be made within 6 months of the date on which a grant of representation (grant of probate or letters of administration) is first extracted. The 6-month period runs from the date the grant is sealed and issued, not the date of death. If no grant is taken out (for example because the estate is small or assets pass without probate), the 6-month clock does not start — but this can create uncertainty and delay. The court has discretion under s.4 to extend the time limit on application, but extensions are not granted easily. The court considers: whether negotiations were underway when the time expired, whether the estate has already been distributed, whether the claimant had proper advice, and whether the respondent would be prejudiced by the extension. If the estate has been distributed to beneficiaries before the claim is issued or permission to extend is obtained, recovery becomes considerably more difficult.
Can the 6-month Inheritance Act deadline be extended?
Yes, but not automatically and not frequently. The court has discretion under s.4 of the Inheritance (Provision for Family and Dependants) Act 1975 to allow an application out of time. However, the applicant must make a positive application to the court for permission and must satisfy the court that it is just to allow the late claim. Courts have allowed extensions where: negotiations were actively underway at the expiry of the 6-month period and the other side contributed to the delay; the claimant lacked the mental capacity to bring the claim within time; the claimant only became aware of the death or the will after the period expired (in cases where they were not notified). Extensions are consistently refused where: the claimant had legal advice and simply failed to act, the estate has already been distributed to bona fide beneficiaries, or the delay was long and unexplained. Practitioners advise issuing within 6 months even when negotiations are ongoing — an agreed standstill agreement can pause litigation without issuing, but this requires the other side's co-operation.
What is the time limit for contesting a will in England and Wales?
There is no single statutory time limit for contesting a will (contentious probate) as there is for Inheritance Act claims. The applicable limitation periods depend on the nature of the claim: (1) Claims to the grant itself (challenging validity of the will on grounds of lack of testamentary capacity, undue influence, fraud, or forgery): there is no specific period in the Limitation Act 1980 for a probate caveat or citation, but once a grant is obtained and the estate administered, practical recovery becomes very difficult. Courts have allowed challenges many years after a grant where fraud was concealed. (2) Claims for recovery of assets distributed under an invalid will: the 12-year limitation period under s.22 Limitation Act 1980 applies to claims based on an instrument (the grant of probate), and s.21 applies to breach of fiduciary duty. (3) Rectification of a will under s.20 Administration of Justice Act 1982: the application must be made within 6 months of the grant, but the court has discretion to allow late applications. Practical advice: caveat the estate promptly on death if validity is disputed — do not wait for the grant to be issued.
What is the time limit for a breach of trust claim?
Section 21 of the Limitation Act 1980 sets the general framework for trust claims: (1) No time limit applies to a claim against a trustee in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy, or to recover trust property or the proceeds of trust property in the trustee's possession or previously converted to the trustee's use. (2) For other breach of trust claims (non-fraudulent breaches), the limitation period is 6 years from the date the cause of action accrued — i.e., from the date of the breach, not the date of discovery. (3) Time does not run against a beneficiary who is under a disability (a minor or a person lacking mental capacity) until the disability ends. (4) Equity's doctrine of laches (unreasonable delay) applies independently — even within the limitation period, a court may refuse relief where the claimant has unreasonably delayed to the detriment of the defendant. For estate administration claims against a personal representative (not a trustee), s.22 Limitation Act 1980 applies: 12 years for claims to real property, 6 years for personal property and pecuniary legacies, with no time limit for fraudulent breach.
What is the time limit for claiming a share of a deceased person's property?
Where a claimant asserts a beneficial interest in property owned by the deceased (for example, based on proprietary estoppel, a resulting trust, or a constructive trust arising from a common intention), the Limitation Act 1980 limitation periods apply: (1) Claims to land or a beneficial interest in land: 12 years under s.15 Limitation Act 1980 from the date the right accrued. (2) Simple contract-based claims (for example, a collateral agreement that the deceased would leave property to the claimant): 6 years under s.5 from when the cause of action accrued (typically the deceased's death or failure to make the promised provision). (3) Proprietary estoppel claims: the limitation period depends on whether the claim is for land (12 years) or a personal obligation (6 years). Note that limitation periods are paused (time does not run) against a claimant under a disability — a minor or person lacking mental capacity — until the disability ceases. HMRC family proceedings (family provision claims under the Inheritance Act 1975 s.4) have a different 6-month period from the grant.
What is the time limit for a caveat on a deceased person's estate?
A caveat in probate proceedings is not subject to a fixed outer time limit from date of death — it can be lodged at any time before a grant of representation is issued. The caveat prevents the Probate Registry from issuing a grant without notice to the caveator. Once lodged, a caveat remains in force for 6 months (per the Non-Contentious Probate Rules 1987, r.44) and can be renewed for further 6-month periods. The person who has applied for the grant (the applicant) can warn off the caveat; the caveator must then enter an appearance within 8 days or the caveat ceases. If an appearance is entered, the matter is referred to the court (a contentious probate claim). Practical note: a caveat should be lodged promptly if a will is disputed. Once a grant is issued and assets distributed, caveating is too late to prevent the initial administration — the remedy shifts to a contentious probate claim seeking revocation of the grant, which is more costly and uncertain.
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