Can I bring an Inheritance Act claim out of time? | Curtis Parkinson
Out of time inheritance act claim

Can I bring an Inheritance Act claim out of time?

16 April, 2019 4 minutes reading time


Dealing with Wills and inheritance, especially knowing how and when to bring a claim against an estate, can be complicated. Circumstances and relationships change over time. Legal documentation may not reflect the situation as it really is when a person you are close to dies.

Pursuing claims against someone’s estate

The Inheritance (Provision for Family and Dependents) Act 1975 (Inheritance Act) allows certain applicants to make a claim for ‘reasonable financial provision’ from an estate. This applies in cases where financial provision has not been made under the deceased’s Will or in cases where they die without a Will (where the Rules of Intestacy apply).

Who is entitled to make a claim?

Those eligible to make a claim from an estate include:

  • a spouse or civil partner
  • ex-spouse or ex-civil partner
  • a child of the deceased or someone treated as a child of the family by the deceased
  • a cohabitee who has lived with the deceased ‘as husband and wife’ for a period of two years ending on the deceased’s death
  • a person who was financially dependent on the deceased

Is there a deadline for Inheritance Act claims?

You have six months from the date probate is granted (or letters of administration issued if there’s no Will) to file a claim for “reasonable financial provision” under the Inheritance Act. This six-month limit applies to everyone, regardless of their relationship to the deceased.

Six months can pass quickly. If the estate has already been distributed, recovering your share can be much more difficult. You’ll also need time to prepare your claim and communicate with other parties before going to court.

Do I have the power to make a claim outside the time limits?

Notwithstanding the rules mentioned above, there are circumstances where the court will grant permission to make a claim “out of time”.

Section 4 of the Inheritance Act defines the terms you can claim outside this limit. Put simply; you will need to explain to the court the reasons for the delay and obtain the court’s permission.

Are Inheritance Act claims out of time straight-forward?

Unfortunately, there is no standard framework for these decisions. Each case is judged on the specific facts involved and mitigating circumstances. Therefore, you must consider whether you have enough grounds to make an out-of-time claim. Furthermore, what are the chances that a judge will favour you?

The importance of case law

Two recent court cases highlight the continuing complexity of claims under the Inheritance (Provision for Family and Dependants) Act 1975.

In Cowan v Foreman (2019), the High Court refused to extend the six-month deadline for a widow’s claim for “reasonable financial provision,” even though both parties had agreed to bypass the deadline. This decision seemed to reaffirm the court’s strict adherence to statutory deadlines in inheritance disputes.

However, just over a week later, in Bhusate v Patel & Or (2019), Chief Master Marsh surprised legal professionals by allowing a claim under the 1975 Act despite being filed over 25 years after the six-month deadline. The claimant was considered “effectively powerless” after her husband died intestate (without a will) in 1990. His children avoided the issue for years and actively blocked the sale of the house, preventing the claimant from making a timely claim. Chief Master Marsh noted the children’s attempt to use the deadline to deprive the claimant of her inheritance and that denying her application would likely leave her homeless.

Our Advice

Both cases involved claims by spouses of the deceased. The claimants’ differing financial situations may have influenced the court’s decisions. These rulings demonstrate that out-of-time claims are evaluated based on their specific circumstances and merits.

While Chief Master Marsh was lenient in the Bhusate case, such claims are often more complex than they seem initially. Therefore, we strongly advise acting quickly. Seek professional legal advice early and assume that out-of-time claims will likely be rejected. This approach will improve your chances of success.

Please feel free to contact us on freephone at 0800 056 6042 to discuss how we can assist you.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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