Understanding time limits in Inheritance Act claims

IHT Claims

Inheritance disputes are often fraught with emotional and legal complexities, especially when navigating the strict time limits that govern claims. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals have the right to challenge a Will or estate distribution if they feel they have been unfairly excluded or provided for. However, acting promptly is critical.

The six-month rule

If you believe you’ve been treated unfairly by the terms of a Will, you have six months from the date of the grant of probate (or letters of administration if there’s no Will) to issue formal court proceedings. This time frame underscores the importance of swift action, as delays may jeopardise your claim. Courts rarely grant extensions without compelling reasons, making adherence to the time frame crucial.

Who can make a claim?

The Act allows specific individuals to make claims, including:

  • Spouses or civil partners of the deceased.
  • Biological or adopted children, and adult children of the deceased.
  • Stepchildren or grandchildren treated as part of the family.
  • Cohabitees who lived with the deceased for at least two years before their death.
  • Individuals who were financially dependent on the deceased.

For anyone falling into these categories, understanding the probate timeline is crucial. Probate can sometimes take months – or even years –  depending on the complexity of the estate. One thing is certain: the clock starts ticking the moment probate is granted.

Protecting your position

To avoid missing deadlines, consider placing a Standing Search at the probate registry. This service alerts you when probate is granted, giving you the opportunity to act swiftly. While negotiations or mediation are common approaches to resolving disputes, they don’t pause the six-month limit unless both parties agree to an extension.

If the deadline has passed, it may still be possible to bring a claim, but this requires court permission, which is only granted under exceptional circumstances. Acting within the prescribed time frame remains the safest approach and most effective approach.

The importance of planning

Inheritance tax planning is essential for managing estates effectively and ensuring your wishes are met. When preparing your own Will, professional guidance from Kent tax advisors can help you to avoid common pitfalls and ensure the interests of your chosen beneficiaries are protected. 

If you are navigating probate while dealing with a dispute, the assistance of a Kent accountant for probate services can bring clarity and alleviate some of the administrative burden during difficult times.

Expert advice matters

Inheritance tax matters often intersect with broader issues, such as tax efficiency, cross-border estates and trusts. Engaging professionals can provide invaluable insights into managing these complexities and ensuring the chances of a dispute are minimised. Experts such as Nick Hughes can advise on estate planning for high-net-worth individuals, making recommendations regarding trusts, business ownership and international assets. 

Preserve your rights with timely action and expert guidance

By acting promptly and seeking expert advice you can protect your rights and ensure that your Inheritance Act claim is made within the legal time limits. Don’t leave such critical matters to chance – secure the support you need today.


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Carl Vickers

Carl Vickers is the creator of Business Deccan and is a talented writer who specializes in stories related to the economy. He spearheads the team and helps to mould them into better writers, by focusing on quality over quantity, and ethical publishing. He is a true torchbearer in the field of reporting sans prejudice, and leads by example.

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