How long do you have to claim against an estate?
Quick answer
It depends on the claim. A claim for reasonable financial provision under the Inheritance Act 1975 must normally be made within six months of the grant of probate. A challenge to the validity of a will has no fixed statutory deadline, but should be raised promptly — ideally before the estate is distributed, as it becomes far harder afterwards.
Detailed explanation
Two different clocks run, so identify which type of claim you mean.
- Inheritance Act 1975 (reasonable provision): six months from the grant of probate. Late claims need the court's permission and can't be relied on.
- Validity challenge (capacity, undue influence, execution, forgery): no fixed limit, but act before distribution and consider entering a caveat to pause matters.
- Claims against executors for breach of duty have their own time limits.
Example scenario
Left out of her late partner's will despite years of dependence, Carol takes advice quickly and brings an Inheritance Act 1975 claim within six months of probate — preserving her right to ask the court for reasonable provision.
What happens next?
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- GOV.UK — Applying for probate (application fee £300; estates over £5,000)
- GOV.UK — Probate fees and additional copies (£16 per copy)
- HM Courts & Tribunals Service — probate timeliness statistics, 2025
- GOV.UK — Valuing the estate of someone who's died
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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