Q&As

What is the limitation period for a claim against an estate where the Will is thought to be invalid for some reason, such as duress or failure to properly execute?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on: 30 April 2018
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There is no specific limitation period for a claim challenging the validity of a Will whether on the grounds of Incapacity, Want of knowledge and approval, Undue influence, want of proper Execution etc but such a claim should be raised as soon as possible and preferably before a grant of probate is obtained.

The normal process where the validity of a Will is challenged would be for the challenging party to register a caveat preventing a grant being issued. The personal representative will then need to warn off the caveat and if the challenging party then enters an appearance to the warning, ie objects to the caveat being removed, the issues raised by the challenging party will need to be determined. Quite often the determination will be triggered by the executors issuing a claim for proof of the Will in solemn form which those challenging

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Incapacity definition
What does Incapacity mean?

A physical or mental condition that prevents a member from continuing to work owing to his ill-health or disability. It is usually defined in the scheme rules and can vary greatly from scheme to scheme.

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