Private Client analysis: The High Court rejected an appeal against the decision of the Chief Master to allow a claim under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) to proceed, notwithstanding it being commenced some 25 years and nine months out of time. No previously reported case in England and Wales had permitted an extension longer than six years. The decision follows two Court of Appeal decisions from last year: Cowan v Foreman and Begum v Ah-med. The judgment concludes: ‘The period of delay in the present case is a very exceptional one. In a different case one might not expect such a period of delay to be excused. In all the circumstances of the present case however I can see no reason for interfering with the Chief Master’s decision’. Written by Mark Dubbery, barrister at Pump Court Chambers.
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