Q&As

Where probate is not required, what is the limitation period for a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975?

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Published on LexisPSL on 07/05/2021

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  • Where probate is not required, what is the limitation period for a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975?

Where probate is not required, what is the limitation period for a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975?

Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) provides that the time limit for making a claim is six months from the date of the grant. A claimant should not delay. The court has a discretion to extend time which it will only do so if the claimant can make out a substantial case as to why they have not done so. There is no absolute limitation period, eg six or 12 years from the date of death for bringing a claim.

There will be very few cases where some sort of grant, whether of probate or administration'>letters of administration, will not be needed. Presumably this will only arise in a case where every asset is jointly owned by the deceased and the beneficiary as beneficial joint tenants—ie there is only a jointly owned house and jointly held

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