Contentious probate solicitor Jack Dray looks at the time limit for making an Inheritance Act claim?
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 should be made within six months of the date of the Grant of Representation: see section 4 of the Act.
It is therefore vitally important to ensure that you have investigated and prepared for case in good time so that you are able to issue your Inheritance Act claim in court within the six month period.
However, life does not run smoothly and claimants are not always able to comply with the time limit. So what happens in these cases? And can an Inheritance Act claim still be made after the expiry of the six month deadline?
The good news is that late claims can be brought, as long as the court believes that it is reasonable to extend the time limit in that particular case.
So, if you find yourself in the position where you are out of time for making a claim it is vital that you act quickly and speak to an expert inheritance dispute lawyer as soon as you can about making an application to the court for permission to make a late claim.
Our lawyers specialise in Inheritance Act cases and are highly experienced in pursuing late claims. We are therefore familiar with the situations in which a court is likely to give permission for the six month period to be extended. The factors that a court is likely to take into account include:
- the reasons for the delay;
- how promptly the application to extend time is made;
- whether settlement negotiations have taken place;
- whether the estate has already been distributed; and
- the merits of the claim.
If you need guidance on the time limit for making an Inheritance Act claim, or need help with asking the court to extend time then contact our free legal helpline. Call 0333 888 0407 or email us at [email protected]