• How long do you have to contest a will?

The timeframe for bringing an action to contest a will depends on the relief sought.

  • A Section 117 application by the children of the testator must be brought within 6 months of the Grant of Probate being issued.
  • A Section 172 application by a cohabitant of the testator must be brought within 6 months of the Grant of Probate or Grant of Administration.
  • The right of a spouse to elect to take the legal right share must be exercised within six months of receipt of notification or within one year of the date of death.
  • A claim for estoppel must be commenced within two years of the date of death.

As the time limits differ depending on the type of claim being brought, it is advisable to seek advice at the earliest opportunity if you believe you have a valid claim against an estate.

To view a complete list of Contesting a Will FAQ’s