Inheritance Claims Time Limit: A Simple Guide

Updated 19 September 2025

Quick answer: Most claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be started at court within 6 months of the date of the Grant of Probate or Letters of Administration. Letters, talks or mediation do not stop the clock. If you are close to the deadline, consider starting a protective claim to keep your position safe.

At a Glance

• Most claims: start court proceedings within 6 months of the grant. This is the key rule. If you miss it, you will usually need the court’s permission to continue.
• Talks do not pause time: letters, phone calls and mediation are useful, but they do not stop the clock. Only issuing at court does.
• Late claims: the court can allow a claim after the deadline in limited cases. You must explain the delay, show the claim has merit, and show others will not be unfairly harmed.
• Finding the grant date: use the GOV.UK probate search to see if a grant exists. If not, set up a standing search so you get an alert when it is issued.
• Caveats: use them for Will validity disputes, not 1975 Act claims. A caveat can stop a grant while a Will is checked for validity, but it does not pause the 6-month limit for financial provision claims.

Other useful time limits

Rectification of a Will: if a clerical error or misunderstanding means the Will does not reflect the person’s intentions, you must usually apply to the court for rectification within 6 months of the grant (the date on the sealed Grant of Probate or Letters of Administration).

Unpaid beneficiary: if you are named in the Will or under intestacy and have not been paid your confirmed share, you can usually start a claim to recover it within up to 12 years from when your entitlement became due.

Challenging Will validity: no fixed time limit, but act quickly as steps get harder after a grant.

Who can Bring a 1975 Act Claim?

• Spouses and civil partners
• Former spouses or civil partners who have not remarried or formed a new civil partnership
• Cohabitants who lived with the deceased for at least 2 years before death
• Children (including adult children) and anyone treated as a child of the family
• Anyone financially maintained by the deceased immediately before death

When Does the 6-month Limit Start?

For most inheritance claims under the Inheritance (Provision for Family and Dependants) Act 1975, the deadline to start court proceedings is 6 months.

That 6 months runs from the date on the sealed Grant of Probate or Letters of Administration (collectively called ‘the grant’) – these are the court papers that authorise someone to deal with the estate.

Letters, talks, or mediation do not stop the clock. People sometimes sign a standstill agreement to pause negotiations, but it does not bind the court. The safest option is to start proceedings within 6 months and ask the court to pause the case while you negotiate.

Example: If the grant is dated 1 March 2025, the 6-month deadline falls on 1 September 2025. If that date lands on a weekend or bank holiday, the deadline moves to the next working day.

How to Find the Grant Date

1. Note the full name, last address and date of death if known.
2. Search the public probate records on GOV.UK and order a copy of the grant.
3. If no grant shows, set up a “standing search” so you get an alert when it is issued.
4. Add the deadline to your calendar as soon as you have the date. Consider two reminders (for example, 8 weeks and 2 weeks before).

What to Do Now

If you are inside 6 months

• Find the grant date and add your deadline to your calendar (with reminders).
• Get a copy of the grant and any estate information you can.
• Send a clear letter of claim that explains who you are, why you qualify, your needs and what provision you seek.
• Keep talks moving, but start a protective claim if settlement is not likely before the deadline.

If you are outside 6 months

• Act immediately and get professional legal advice on asking for the court’s permission to bring your claim after the 6 months deadline (a late or “out of time” application).
• Write a short explanation for the delay and gather documents that support it.
• Find out whether the estate has been paid out and how far. This affects what the court may do.

Issuing Protectively – What it Means

“Issuing protectively” means starting court proceedings before the 6-month deadline so you do not lose your right to claim.
The court can then pause the case (a stay) while you continue negotiations or mediate, so discussions can carry on without risking the time limit.

Missed the Deadline? Court Discretion to Allow Late Claims

The court can allow a late claim in limited cases. It will look at:

• how long the delay was and why it happened (for example, you didn’t know the grant date)
• how strong the claim is and whether talks began in time
• any unfairness to beneficiaries and whether the estate has been paid out
• how quickly you acted once you realised the problem

If you are outside the 6 months, act quickly and get advice on your chances.

Caveats: When They Help and When They Don’t

A caveat is a stop placed on the grant. It is useful when you challenge the validity of a Will (for example, concerns about signing or undue influence).
It is not the right tool for a standalone 1975 Act claim and does not pause the 6-month limit once a grant exists.
For financial provision claims – where you ask the court for reasonable support from the estate because the Will or intestacy (no Will) does not leave you enough – focus on the 6-month deadline and the steps above.

Other Probate-related Time Limits You Should Know

Rectification of a Will

If a Will does not reflect the person’s intentions because of a clerical error or misunderstanding, the court can correct it. The usual limit is 6 months from the grant. Late applications need the court’s permission.

Unpaid or missing beneficiary

If you are named in the Will or under intestacy to receive a share but haven’t been paid, you may have up to 12 years to claim it. This is different from a 1975 Act claim, which is about reasonable financial provision.

Challenging the validity of a Will

There is no fixed statutory time limit, but act early. If no grant has been issued, a caveat may be appropriate to prevent a grant while the Will dispute is checked. If a grant has been issued, you may need to apply to cancel it before you can proceed.

TLATA and ownership of property

TLATA is the law used when people disagree about who owns a share of a property (for example, co-owners after a death). These cases are fact-specific. Many account or breach-of-trust claims have a 6-year limit. Claims to recover land are often 12 years. Ask for advice early so you use the right route and time limit.

Executor maladministration

This is when an executor does not carry out their duties properly (for example, unjustified delays or paying the wrong person). Claims are commonly 6 years from the breach. Time limits can differ if there is fraud or deliberate concealment.

Issuing Protectively – What it Means

“Issuing protectively” means starting court proceedings before the 6-month deadline so you do not lose your right to claim.
The court can then pause the case (a stay) while you continue negotiations or mediate, so discussions can carry on without risking the time limit.

How ELM Legal Services Can Help

Contact us today for a free, no-obligation, chat with our probate team for quick, practical advice. We can provide tailored advice to your specific circumstances and help you navigate the claims process.

FAQs

When does the 6-month time limit for an Inheritance Act claim start?
For claims under the Inheritance (Provision for Family and Dependants) Act 1975, the 6 months start on the date shown on the sealed Grant of Probate or Letters of Administration. To be in time, you must start court proceedings before that deadline. If the last day falls on a weekend or bank holiday, the deadline moves to the next working day.

Do letters, negotiations or mediation stop the 6-month deadline?
No. Pre-action letters, phone calls and mediation do not pause the statutory time limit. Only issuing the claim at court preserves your position on time. People sometimes sign a standstill agreement, but it does not bind the court.

Can the parties agree an extension to the 6-month deadline?
No. You cannot guarantee extra time by agreement. If you miss the deadline, you need the court’s permission to bring a late claim. The safest approach is to issue within 6 months and ask the court to pause the case while you continue talks.

What happens if the estate has already been distributed?
Late claims may still be possible, but they are harder. The court will look at the reasons for delay, the strength of the claim, how much of the estate has been paid out and any unfairness to people who have received assets. Act quickly and take advice.

Is there a time limit for challenging whether a Will is valid?
There is no fixed statutory deadline to challenge the validity of a Will, but you should act early. Before a grant is issued, you can consider entering a caveat to stop the grant while the validity dispute is checked. After a grant, you may need to apply to cancel it before the case can proceed.

What is a financial provision claim?
A financial provision claim asks the court to award you reasonable support from the estate because the Will or the intestacy rules do not leave you enough. This type of claim is made under the Inheritance (Provision for Family and Dependants) Act 1975 and must usually be issued within 6 months of the grant.

What is the difference between the executor’s year and the 6 months deadline for claims?
The executor’s year is a general guideline that an estate is often administered within a year of death. It does not change the legal deadline for claims. The 6 months deadline for 1975 Act claims runs from the grant date, and you must issue at court within that period.

Key Legislation

• Inheritance (Provision for Family and Dependants) Act 1975
• Administration of Justice Act 1982, section 20 (rectification)
• Limitation Act 1980, section 22 (beneficiaries’ claims)
• Trusts of Land and Appointment of Trustees Act 1996 (TLATA)