Solicitor Helen Clegg answers the frequently asked question, ‘What is the time limit in Inheritance Act claims?’
How long have you got to bring a claim under the Inheritance Act if you discover that you have been left out of a will or, if there is no will. that you are not amongst those who will benefit under the intestacy rules?
The answer is six months. But it’s important to appreciate:
a) that the six month time limit runs from the date of the grant of probate of the will (or letters of administration if there is no will); and
b) formal court proceedings must be issued in court by that deadline.
Under the Inheritance (Provision for Family and Dependants) Act 1975 you could be entitled to make a claim :
- if you are the spouse of the deceased and you were still married at the date of death;
- if you are the child or adult child of the deceased (whether biological or adopted);
- if you were treated by the deceased as a child of the family, for example a stepchild or a grandchild brought up by a grandparent;
- if you were cohabiting with the deceased for over 2 years at the date of death as if you were married; or
- if you were financially dependant on the deceased.
It often takes several months following the date of death for probate to be granted though sometimes it can take just a few weeks, so it’s important to avoid delay.
You can check online at the probate registry to see whether a grant has been made. If it has then you need to calculate the date that the six month time limit will expire.
You can protect your position by placing a Standing Search against the name of the deceased at the probate registry. This is a way to ensure that you get notified if and when probate is granted.
It is possible to have the six month period extended if you and your opponent are both willing to agree to this. This is common if the parties are negotiating with a view to settling the case out of court, possibly with the help of mediation.
It is also sometimes possible to get permission from the court to bring a claim outside the six month period. However, there is no guarantee that permission will be granted and the courts only tend to allow this if there is a very good reason for the delay.
The safest course of action is to seek expert legal advice as soon as possible.
Our specialist team, which is recommended by the Legal 500, deals with Inheritance Act claims nationwide. We operate a free legal helpline which you are welcome to call for further information on the time limit in Inheritance Act claims, or for a free case assessment. We are also always happy to consider whether a case is suitable for No Win, No Fee funding.