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Published On: March 28, 2022 | Blog | 0 comments

How long do you have to bring a claim for more inheritance or dispute the validity of a Will?

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 must be submitted to the court within 6 months from the date of a grant of representation or letters of administration.

If you miss the deadline, it is possible to make an application under section 4 of the Inheritance Act for Court permission to proceed out of time. The criteria which the Court will take into account are set out in the case of Re Salmon (1981). The Court will consider:

  • The length of the delay and the reasons;
  • Whether negotiations were begun within the time limit;
  • Whether the estate has been distributed;
  • Whether the Claimant has a remedy against anyone else (for example a professional negligence claim against their solicitors);
  • Whether the Claimant has a good claim.

A claim against an estate under the Inheritance (Provision for Family and Dependants) Act 1975 is brought where somebody is seeking an award from the estate where the Will or intestacy rules do not make reasonable financial provision.

You can read more about who can bring a claim for further provision and the factors the court will consider here.

This content was originally posted as a guide to will and inheritance disputes produced by Sarah Atkinson, Ryan Taylor and Tom Dickinson for the National Will Register, which can be found here.

* Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*

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