The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:
An action under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should generally be commenced before the expiration of six months from the date of a grant to the estate. An application after that date can only be made with the permission of the court.
See I(PFD)A 1975, s 4:
‘An application for an order under section 2 of this Act shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out [(but nothing prevents the making of an application before such representation is first taken out)].’
The question of issuing a claim with the court’s permission after the six-month period has expired has been considered by the courts in the recent cases of (among others):
Cowan v Foreman—see News Analysis: Court of Appeal allows Cowan appeal and clarifies the
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