How long do I have to bring an Inheritance Act claim?

If you are making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you usually have six months from the date of the grant of probate to issue your claim at court. It is important to seek legal advice as early as possible to avoid missing this deadline.

When does the probate time limit start?

In most cases, the relevant time limit runs from the date of the grant of probate, not the date of death. The grant of probate is the document which authorises the executors to deal with the estate. Once it is issued, time limits for certain types of claims, including Inheritance Act claims, begin to run.

Is There a Time Limit on Probate Disputes?

Q: Is there a time limit on probate disputes?

Yes. Some probate disputes have strict time limits, particularly if you are bringing a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Other disputes, such as challenges to the validity of a will, may not have a fixed deadline but should still be brought as early as possible.

Posted by the Dispute Resolution team on 13th November 2025

Hourglass symbolising time limits and deadlines involved in probate disputes

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Understanding Your Rights and Deadlines in West Sussex

When someone passes away, emotions run high, and decisions can feel overwhelming.

But if you believe something isn’t right with the way their estate is being handled – whether it’s the validity of the will or your own financial provision – time is not on your side.

Probate disputes come with strict deadlines, and missing them could mean losing your chance to make a claim altogether.

Why Timing Matters When Dealing with Probate

Many people assume they have plenty of time to raise concerns after a loved one dies.

But in legal terms, the clock doesn’t start ticking from the date of death; it begins from the grant of probate, which is when the court officially authorises someone to manage the estate.

This detail catches many people off guard.

Once that grant is issued, certain time limits kick in, and they’re not flexible.

If you’d like to understand the probate process in more detail, visit our Probate services page.

Key Probate Deadlines to Be Aware Of

If you’re seeking financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, you have just six months from the date of the grant of probate to make your claim.

This law allows certain people – such as spouses, children, or dependants – to ask the court for a fair share of the estate if they feel they’ve been left out or inadequately provided for.

You can learn more about these types of inheritance claims on our Wills, Trusts & Estates Disputes page.

Challenging a Will

If you’re challenging the will itself (perhaps due to undue influence, fraud, or concerns about the deceased’s mental capacity) there’s no fixed deadline.

However, that doesn’t mean you can wait forever.

The longer you delay, the harder it becomes to gather evidence, and the more likely it is that the estate will be distributed, making it much more difficult to reverse anything.

The Risks of Missing Probate Time Limits

Delay can quietly destroy your case.

Executors may begin distributing assets, beneficiaries may spend what they’ve received, and the court may be less sympathetic to late claims.

Even if your concerns are valid, missing the time limit on a probate claim could mean your case is dismissed before it’s even heard.

That’s why it’s crucial to act quickly.

If you’re unsure when the grant of probate was issued, or whether you’re still within the time limit, speak to a solicitor as soon as possible.

You may have more options than you think, but only if you move fast.

Protecting Your Interests in Probate Disputes

Probate disputes are complex, and the emotional weight of losing someone can make it hard to focus on legal details.

But if you believe you’ve been unfairly treated or that something isn’t right with the will, don’t wait.

Time limits are strict, and the consequences of missing them can be permanent. Understanding your rights and acting promptly is the best way to protect your interests — and to honour your loved one’s legacy.

If you’re based in Worthing, Chichester or anywhere across West Sussex, our experienced probate and inheritance dispute solicitors can guide you through every step with clarity, care, and sensitivity.