Time Constraints on Disputed Wills

How long does it take?

If the dispute cannot be sorted out by negotiation or mediation, then it will be up to one or other of the parties involved to issue the appropriate form of Court proceedings. These proceedings usually take place in the High Court, based in London, although claims in relation to the extent of financial provision made by a Will or following the normal rules of intestacy where there is no Will in force, under the terms of the Inheritance (Provision for Family and Dependants) Act 1975, can be heard in the County Court locally and are often dealt with in this way.

Such claims for financial provision can often be concluded within less than one year, as can cases in the High Court provided that these follow a straight path. It sometimes happens, however, that a case that starts off as being perfectly straightforward becomes much more complicated and this can, of course, greatly increase the length of time that the Court takes to deal with the matter from start to finish. Nonetheless, it is unusual for cases to last more than two years.

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