Estate disputes can arise quickly and often unexpectedly. If you find yourself in such a dispute, it is vital that you establish early on if there are any deadlines which, if missed, may prevent you from starting or defending a claim.
In a legal context, deadlines to start a claim are known as ‘limitation’. Whether limitation applies depends on the type of claim being brought. Below I consider two of the most common estate claims in this context.
1. Claims against the validity of a will
A frequent argument arising in estate disputes is whether a will is valid.
A will can be declared invalid by the court on one of the following grounds:
- It does not comply with the formalities in the Wills Act 1837;
- The testator did not have testamentary capacity to make the will;
- The testator did not know and approve the will; or
- The testator was unduly influenced into making the will.
There is no statutory deadline by which you need to start a will validity claim. However, this is not a reason to delay: the passage of time could lead to the loss of key evidence and witnesses, and the executor may distribute the estate and therefore make it harder to recover assets.
Significantly, the court has also held that an unreasonable delay in bringing a will validity claim can sometimes act as a valid defence to that claim. In James v Scudamore [2023] EWHC 996 (Ch) the claimant had sought to revoke probate granted in respect of the will of his late father (the Deceased). The Deceased had made a will giving a life interest in the matrimonial home to the Deceased’s second wife (C), with the claimant and his brother receiving the remainder on C’s death. However, the Deceased then made a codicil to amend his will by replacing C’s life interest with an absolute gift of the property to her. The deceased died in 2010, and C obtained probate and administered the estate in accordance with the codicil. C later made a will in which she left 30% of her estate to the claimant’s three children.
In 2013, the claimant instructed solicitors to explore the validity of the codicil but took no action. It was not until 2020 that the claimant began proceedings against the validity of the codicil, arguing that it didn’t comply with the formalities of the Wills Act.
The judge held that the claimant was barred from bringing the claim. It was considered that C had acted to her potential detriment by making her own will in favour of the claimant’s children, and by administering the Deceased’s estate, whilst the claimant took no action. Important evidence had also been lost in the intervening years, which would have made it harder for the claim to be properly heard.
Therefore, whilst there is no formal time limit, it is recommended that anyone who intends to engage in a will validity dispute acts promptly.
2. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act claims)
This is a type of claim which can be brought by a claimant who considers that the deceased has made no reasonable financial for them in their will (or, if there is no will, that the intestacy rules make no reasonable financial provision for them).
You must meet certain criteria to be eligible to bring this claim. Eligible claimants are as listed in section 1(1)(a) – (e) of the 1975 Act.
Contrary to a will validity claim, a 1975 Act claim has a strict limitation period. A claim under this Act must be brought within six months of a grant of probate (or grant of letters of administration in an intestate estate).
In limited circumstances, the court does have a discretion to extend the six-month time limit, however this should not be relied upon. For example, in Stock v Brown [1994] 1 FLR 840 a 90-year-old widow made an application under the 1975 Act nearly 5 and a half years out of time. The application was triggered in 1993 when a dramatic fall in interest rates, and the increasing cost of her care, meant that what she had received under her husband’s will was no longer enough to live on. The widow was granted permission to bring the claim out of time, with the court considering how she had never received independent legal advice on the matter, and it being conceded that she had an arguable case. It was also noted that the residuary beneficiaries, who had been notified of the situation, did not seek to obstruct her application.
For further information on the time limit for 1975 Act claims, please see our article: Inheritance Act Claim Time Limit 1975 – Inheritance for Family and Dependants
Summary
It is important to bear in mind that most matters settle outside of court and therefore issuing a claim at court should be considered as a last resort. That being said, it is vital that you are aware from the outset of any court deadlines should the matter fail to settle and require the court’s input to resolve. Consideration should also be given to how the court may view any significant delay in progressing the claim, and how any delay may negatively impact the gathering of evidence.
Limitation is not the only timeframe to consider and if you issue a claim, you must then follow a strict court timetable to progress your claim through the court’s system. Missing the court’s deadlines can lead to sanctions and sometimes even to a default judgment being made against you.
Obtaining advice early on in a dispute is therefore highly recommended so that you are fully abreast of all relevant deadlines, as well as the steps that you will need to take next should you wish to progress or defend a claim.
A member of our specialist Inheritance and Trust Disputes Team would be happy to assist you in navigating this process, so please do not hesitate to get in touch should you wish to discuss matters further.