Claims under the Inheritance (Provision for Family and Dependants) Act 1975 - Time limits for making a claim

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Overview

The Inheritance (Provision for Family and Dependants) Act 1975 enables certain individuals to challenge an estate’s distribution if reasonable financial provision hasn't been made for them. For SQE1 FLK2 candidates, knowing the time limits for these claims is essential. This article covers statutory deadlines, their start, and when courts may extend them.

Statutory Time Limit and Its Purpose

Section 4 of the Inheritance Act 1975 imposes a six-month deadline for claims, starting from the date of the first grant of representation. This deadline serves to:

  1. Ensure efficient estate administration
  2. Provide certainty for beneficiaries
  3. Preserve evidence integrity
  4. Ensure the efficient operation of the justice system

Understanding these principles helps interpret the Act's application and the court’s approach to extending time limits.

Commencement of Time Limits

Knowing when the six-month period starts is key. Consider these points:

Grant of Representation

  • The formal document from the Probate Registry
  • Can be a Grant of Probate or Letters of Administration

Importance of the 'First' Grant

  • A full grant triggers the time limit
  • Limited grants do not start the clock

Practical Example

Consider this scenario:

John Doe's estate executors obtain a limited grant on March 1, 2023, for overseas assets. A full grant of probate follows on May 1, 2023.

Here, the six-month period for claims starts on May 1, 2023, with the full grant.

Post-Deadline Applications

Although the Act sets a six-month deadline, courts can allow late applications under specific circumstances.

Factors for Time Extensions

Courts evaluate several factors when considering an extension:

  1. The applicant's conduct and reasons for delay
  2. Ongoing negotiations with estate representatives
  3. Distribution status of the estate
  4. Potential impact on existing beneficiaries
  5. Merits of the claim
  6. Any changes in the applicant's situation

Case Law Guidance

Two key cases offer guidance:

  1. Re Salmon [1981] Ch 167: Ongoing negotiations may justify extending the limit.
  2. Berger v Berger [2013] EWCA Civ 1305: Calls for a strong case to extend time limits.

Practical Scenarios and Analysis

Scenario 1: The Delayed Discovery

Sarah inherits her father's estate, distributed in August 2022. In January 2023, she finds a property valuation error. The six-month limit expired in February 2023, and she seeks a claim in March 2023.

Analysis:

  • Delay due to unawareness
  • Prompt action upon discovery
  • Full distribution could be a hurdle
  • Substantial error strengthens her case

Potential Outcome: The court might extend time, given her promptness and the significant discovery.

Scenario 2: The Ongoing Negotiations

Tom's aunt dies in January 2022, with probate in March 2022. Tom negotiates with executors until September 2022. Talks fail in November 2022, and he files a late claim.

Analysis:

  • Discussions explain the delay
  • Quick action once talks failed
  • Estate’s status considered
  • Short delay may favor extension

Potential Outcome: The court may support Tom’s case, aligning with Re Salmon's principles.

Conclusion

Understanding time limits for claims under the Inheritance Act 1975 is important for SQE1 FLK2 candidates. Remember:

  1. The six-month limit from the first grant of representation
  2. Different types of grants and their effects on limits
  3. Court’s discretion to extend time guided by principles and case law
  4. Importance of prompt action and ongoing talks in justifying extensions
  5. Balancing deadlines with justice in individual cases

This knowledge will help candidates handle complex inheritance disputes and excel in exams.