Challenging a Will

If you intend to challenge the validity of a Will, whilst there are no time limits if the estate has been distributed by the time you claim, there may be no assets available to receive if you are successful. It is also much more difficult to obtain the evidence a court will need as time progresses, as paperwork is not stored indefinitely.

However, other types of claims, such as claims under the Inheritance Act, have a time limit to commence within 6 months from the date the Grant was issued (subject to certain exceptions).

Time limits for certain types of claims are governed by the Limitation Act 1980 s22, which is not entirely clear but states:

‘(a)no action in respect of any claim to the personal estate of a deceased person or to any share or interest in any such estate (whether under a will or on intestacy) shall be brought after the expiration of twelve years from the date on which the right to receive the share or interest accrued; and

(b)no action to recover arrears of interest in respect of any legacy or damage in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.’

Contact us as soon as you can so that you can find out as soon as possible whether you have a claim.

‘Estoppel’ is a legal principle that person A should not go back on a promise they have made to person B, when Person B has relied on that promise and acted to their detriment as a result.

Proprietary estoppel can arise in the context of a Will where the deceased promised they would leave an interest in land to Person B in their Will but then the deceased either did not include the gift in their Will, or did not make a Will and the rules of intestacy do not provide for that gift.

Promissory Estoppel is similar but where it is not an interest in land, but perhaps a share of the estate or another asset.

The requirements for such a claim are:

1. An assurance by the deceased, that is unambiguous and sufficiently clear, that the interest in land would be given to person B by person A
2. Person B relied on the assurance given by the deceased
3. Person B, as a result of the reliance on that assurance, acted to their detriment. For example, they might have agreed to work for the deceased at lower pay or ceased other employment in order to care for the deceased.
4. Person A was aware person B acted to their detriment upon the reliance on the promise

If you think this may apply to you, it is important to act quickly and obtain professional legal advice. If you do not pursue a potential promissory/proprietary estoppel claim at the point that it arises, you may lose your opportunity. Over time, it may be harder to gather compelling evidence, it may be harder to prove the detriment suffered, and the estate may have been distributed making the assets in question harder to ascertain, locate and retrieve.