Inheritance Act claims: when does the six-month deadline run?

At a glance

The usual court deadline is six months from the date representation with respect to the estate is first taken out.
It is not usually calculated from the date of death or the date the will was read.
The government's probate search service can help establish whether a grant has been issued.
The court has power to permit a late application, but permission is discretionary.
Discussions or settlement negotiations do not themselves guarantee that the statutory deadline is protected.

Inheritance disputes often begin informally, but the statutory deadline can continue running while family members, executors and solicitors exchange correspondence. That makes the grant date one of the first dates to establish.

What is the six-month rule?

Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 provides that, except with the permission of the court, an application should not be made after the end of six months from the date on which representation with respect to the estate is first taken out.

This is a court deadline for making the application. It should not be confused with the much longer period that may pass between a person's death and the administration of the estate.

Do not calculate it from the deathA person can die months before probate is granted. Conversely, if the grant has already been issued, the six-month period may be running even though the estate has not yet been distributed.

What does “representation” mean?

In practical terms, it usually means the relevant grant giving the personal representatives authority to administer the estate — commonly a grant of probate where there is a will or letters of administration in an intestacy.

There can be technical issues with limited or unusual grants, so if the type of grant is unclear it is sensible to obtain advice rather than making assumptions about the deadline.

How can I check whether probate has been granted?

HM Courts & Tribunals Service provides an online probate search for England and Wales. It can show whether probate has been issued, the type of grant and, where applicable, provide access to the will and grant.

1Search

Use the official probate search with the deceased's name and year of death.

2Identify the grant

Record the grant type and issue date shown on the probate record.

3Calculate promptly

If a grant has issued, obtain advice about the six-month period without delay.

Has probate already been granted?

If you may have an Inheritance Act claim and a grant has issued, tell us the grant date and your relationship to the deceased.

Start an Inheritance Act enquiry

What if the six months has already passed?

The Act allows the court to permit an application after the six-month period. That does not mean an extension is automatic. A person considering a late claim should obtain specialist advice promptly so the reasons for delay, the position of the estate and any prejudice to others can be assessed.

Delay may become more difficult if the estate has already been distributed or beneficiaries have changed their position. The fact that permission is legally possible should therefore not be treated as a reason to wait.

Do negotiations stop the deadline?

Do not assume that correspondence, mediation or without-prejudice negotiations stop the statutory time limit. If the deadline is approaching, a solicitor may need to consider procedural steps to preserve the position while discussions continue.

Equally, asking an executor not to distribute the estate does not by itself replace the need to address the section 4 deadline.

Frequently asked questions

Is the deadline six months from the date of death?

No. The statutory wording generally measures the period from the date on which representation with respect to the estate is first taken out.

What if probate has not been granted yet?

The usual six-month period will not normally have begun merely because the person has died, but other steps may still be sensible, especially if the estate is being administered or a grant is expected soon.

Can the court extend the deadline?

The court can give permission for a late application, but this is discretionary. The applicant should not assume permission will be granted.

Can I search for the grant myself?

Yes. GOV.UK provides an online probate records search for England and Wales.

Official information used for this guide

See section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 and the GOV.UK probate search service.

General information only, not legal advice.