If you are one of the eligible categories and you feel a family member has sadly died but left insufficient reasonable financial provision for you then you may be able to raise an Inheritance (Provision for Family and Dependants) Act 1975 claim.
The usual time limit for making such claim is 6 months after the grant of probate is issued, but the court has discretion to allow claims out of time.
A recent case Cowan v Foreman , was before the court as to whether permission could be granted to bring an out-of-time claim where negotiations began within the 6 month time period. Upon consideration though, the Court of Appeal refused.
The Judge noted that, although the negotiations were considered, they were not sufficiently adequate enough and as such the grounds to allow for permission for the claim to be accepted was not satisfied.
This case demonstrates, that there are strict time-limits to bring a claim, so don’t leave it too late!
I would like further information, who should I contact?
If you would like advice on any Estate related issue, please do not hesitate to contact one of our Dispute Resolution and Litigation Solicitors, Laura Colebrook or Laura Ellis, by telephoning 0118 975 6622 or by email by clicking on the solicitor’s name. They will be happy to have an initial conversation with you.