What are the time limits for a claim under the Inheritance (Provision for Family and Dependants) Act 1975?

11 May, 2016

The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) allows certain people to contest the terms of a Will and to seek a share, or a larger share, of the assets. The key question is whether, from an objective point of view and having regard to various factors set out within the Act, the Will failed to make reasonable financial provision for the person making the claim. It is important to act quickly, as a claim under the Act must be brought within 6 months of the date of the grant of representation. Whilst, if you fail to make a claim within 6 months, it is possible to apply to the Court for permission to bring a claim outside of this period, the Court will need to be persuaded that there is good reason to do so. In reaching a decision, the Court will consider the specific facts of the case and the reasons for the lateness of the application.

If you would like to discuss making a Will claim under the Act, please contact Philip Youdan at philip.youdan@crippspg.co.uk. We can also discuss the possible options for funding your claim and, in appropriate cases, may be able to offer a “no win, no fee” arrangement or a fixed fee.