Recent case – Judge refuses permission to bring Inheritance Act claim out of time

In a recent case a Judge refused permission to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 out of time.

When someone dies their will or the rules that apply if they don’t have a will may not provide any or sufficient provision for a dependant. Under those circumstances, if certain classes of individuals are not left “reasonable financial provision”, they may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The time limit for bringing a claim under the Act is 6 months from the date of the grant of probate (where there is a will) or the letters of administration (where there is no will). Where a claim is not brought within that time limit, the permission of the court is required to proceed to bring a claim out of time. When considering whether to allow a claim out of time, the court has regard to various factors including the strength of the case and negotiations.

In a recent case, Hendry v Hendry and Pertiwi [2019] EWHC 1976, the Judge refused permission for an individual to bring a claim out of the usual time limit, almost 8 months after a grant had been issued. In this case, negotiations were considered within the usual time limit, but the judge found that they were inadequate. The judge also found that when the time limit had been missed, the defendants were not informed about how the position was going to be resolved.

The case is a reminder of the importance of seeking advice early in the event there is a dispute following a loved one’s death, in particular where an individual is not provided with reasonable financial provision. Whilst the time limit to bring a claim can be extended, that is not guaranteed. In any such dispute, delay can cause harm and it is important to act quickly. Where a deadline has been missed it is important to bring a claim as soon as possible and to have negotiated.

Here at Chadwick Lawrence, our specialist team advises in disputes including those under the Inheritance (Provision for Family and Dependants) Act 1975. We understand that clients in these circumstances are facing extremely difficult situations and we aim to offer clear advice. If you need advice and want to discuss further, please contact either Simon Ingham or Kathryn Hunt on 0113 225 8811.