Why you should have a lasting power of attorney
In this insight article, we will explain the importance of having a lasting power of attorney (LPA), the different types available and when they can be used.Read more
If you are a disappointed beneficiary of a will or an intestacy and you want to recover financial provision from the deceased’s estate, then you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act”).
However, there are strict time limits you must adhere to, and you are required by legislation to issue a claim in court within six months of the Grant of Probate being obtained. Failure to do so may invalidate your claim.
While it is sometimes possible to issue a claim after the six-month deadline, the court must be satisfied that you have a valid reason for the delay.
The court has discretion as to whether permission should be granted to allow a disappointed beneficiary to bring an Inheritance Act claim outside of the six-month deadline.
The 2013 case of Berger -v- Berger provides the court with useful guidance and sets out a list of factors that can be considered by a judge when exercising discretion, including whether:
If you wish to pursue a claim under the Inheritance Act, you must do so swiftly.
The time limits imposed by statute are important and having to rely upon the court’s discretion to bring the claim can be more costly, time-consuming and does not guarantee a favourable outcome.
If you think you have a possible claim under the Inheritance Act, you should seek expert legal advice as soon as possible. Prompt instruction increases the chances of being able to resolve your claim without the need to issue any court proceedings.
For more information about Inheritance Act claims, please contact us on 01332 226 480 or complete the form below.
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