Q&As

In relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975, is there an application that must be filed for permission to issue a claim outside of the six months after probate has been granted?

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Produced in partnership with Anna Metcalfe of St Philips Chambers
Published on: 17 May 2016
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The time limit

The court’s permission is required to make an application under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975, after six months has lapsed from the date of the grant. However, in view of the provisions set out in the Inheritance and Trustees' Powers Act 2014 which enables proceedings to be issued before the grant, it is unlikely that permission to bring a claim out of time will now be granted, save in exceptional circumstances.

The procedure

In cases where the time limit has lapsed, if the claimant wishes to pursue a claim they will have to apply for permission to bring the claim outside

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United Kingdom
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