Family provision claims—practice and procedure
Family provision claims—practice and procedure

The following Wills & Probate practice note provides comprehensive and up to date legal information covering:

  • Family provision claims—practice and procedure
  • Time limits
  • Pre-action conduct
  • Proceedings
  • The position of the PRs
  • The issue of proceedings
  • The claimant's witness statement
  • The defendant's response
  • Case management
  • Death of the claimant

Time limits

An application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) cannot be issued after the end of six months from the date on which a grant to the estate is first taken out without the permission of the court. It is immaterial whether or not the claim was served on the defendants within the six months. For deaths before 1 October 2014, claims issued before the grant of representation could be struck out as being premature although if a grant was issued prior to the hearing, this breach would usually be waived but for deaths on or after 1 October 2014, the claim may now be issued prior to the issue of a grant or representation following the amendment of I(PFD)A 1975 by Inheritance and Trustees' Powers Act 2014 (ITPA 2014), Sch 2, para 6.

The date that the grant was first taken out is the date that a grant of representation in common form was issued and no further period of time as initiated by the subsequent issue of a further grant or by the issue of a grant in solemn form. A grant is not deemed to have been first taken out if it is limited to settled land or to trust property. Similarly, a grant limited to real or personal estate is ignored

Related documents:

Popular documents