If you intend to challenge the validity of a Will, whilst there are no time limits if the estate has been distributed by the time you claim, there may be no assets available to receive if you are successful. It is also much more difficult to obtain the evidence a court will need as time progresses, as paperwork is not stored indefinitely.
However, other types of claims, such as claims under the Inheritance Act, have a time limit to commence within 6 months from the date the Grant was issued (subject to certain exceptions).
Time limits for certain types of claims are governed by the Limitation Act 1980 s22, which is not entirely clear but states:
‘(a)no action in respect of any claim to the personal estate of a deceased person or to any share or interest in any such estate (whether under a will or on intestacy) shall be brought after the expiration of twelve years from the date on which the right to receive the share or interest accrued; and
(b)no action to recover arrears of interest in respect of any legacy or damage in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.’
Contact us as soon as you can so that you can find out as soon as possible whether you have a claim.