Learning Outcomes
After reading this article, you will be able to identify and explain the statutory time limit for making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, determine when the time period starts, and understand the court’s discretion to allow late applications. You will also be able to apply these principles to SQE1-style scenarios and avoid common pitfalls.
SQE1 Syllabus
For SQE1, you are required to understand the time limits for bringing claims under the Inheritance (Provision for Family and Dependants) Act 1975, including the calculation of deadlines, the effect of grants of representation, and the court’s discretion to extend time. In your revision, focus on:
- The statutory six-month time limit for making a claim under the Act
- The meaning and significance of the "first grant of representation"
- The process and factors for seeking an extension of time from the court
- The consequences of missing the deadline and the practical impact on estate administration
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- When does the statutory time limit for making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 begin?
- What is the standard period within which a claim must be brought?
- Can the court allow a claim to proceed after the time limit has expired? If so, what factors will it consider?
- Does a limited grant of representation start the time limit for making a claim under the Act?
Introduction
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 allow certain people to seek reasonable financial provision from a deceased person’s estate if the will or intestacy rules do not provide adequately for them. However, strict time limits apply. Understanding these deadlines, how they are calculated, and the court’s power to extend them is essential for SQE1.
Statutory Time Limit for Making a Claim
Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 sets a clear time limit for bringing a claim. An application must be made within six months of the date on which representation with respect to the estate is first taken out.
Key Term: time limit
The statutory period (usually six months from the first grant of representation) within which a claim under the 1975 Act must be issued at court.Key Term: grant of representation
A legal document (such as a grant of probate or letters of administration) issued by the Probate Registry, authorising the personal representatives to deal with the deceased’s estate.
What triggers the time limit?
The time limit starts from the date of the first full grant of representation. This includes:
- Grant of probate (where there is a valid will and executors)
- Grant of letters of administration (where there is no will, or no executors able/willing to act)
A limited grant (for a specific asset or purpose) does not start the time limit. Only the first full grant covering the whole estate triggers the deadline.
Why is there a time limit?
The time limit is designed to:
- Ensure estates are administered efficiently
- Provide certainty to beneficiaries and personal representatives
- Prevent late claims disrupting distributions
Calculation of the Time Limit
The six-month period is calculated from the date the first full grant is issued by the Probate Registry. The deadline is not extended or reset by later grants or by limited grants.
Worked Example 1.1
Question: The executors of an estate obtain a limited grant on 1 February 2024 to sell a foreign property. On 1 April 2024, they receive a full grant of probate for the whole estate. When does the six-month time limit for making a claim under the 1975 Act begin?
Answer: The time limit begins on 1 April 2024, the date of the first full grant of probate. The limited grant does not start the clock.
Court’s Discretion to Allow Late Claims
Although the statutory time limit is strict, the court has discretion to allow a claim to proceed after the deadline has expired. This is not automatic and is only granted in exceptional circumstances.
Key Term: court’s discretion
The power of the court to permit a claim to proceed out of time if it considers it just and proper, having regard to all the circumstances.
Factors the court will consider
When deciding whether to allow a late claim, the court will consider:
- The reason for the delay
- Whether the applicant acted promptly once aware of the need to claim
- Whether negotiations with the estate were ongoing during the limitation period
- Whether the estate has already been distributed
- The potential prejudice to beneficiaries or personal representatives
- The merits of the claim
The court will balance the interests of the applicant and the beneficiaries, and will only grant an extension if it is fair to do so.
Worked Example 1.2
Question: A claimant misses the six-month deadline because they were negotiating with the executors about a possible settlement. After negotiations break down, they apply to court two months late. What factors will the court consider?
Answer: The court will consider the reason for the delay (ongoing negotiations), whether the claimant acted promptly after negotiations failed, and whether the estate has been distributed. If the claimant acted reasonably and no prejudice is caused, the court may allow the claim to proceed.
Practical Impact of the Time Limit
If a claim is not made within the six-month period and the court does not grant an extension, the applicant will usually lose the right to claim under the Act. Personal representatives are generally protected if they distribute the estate after the expiry of the time limit, unless they had notice of a possible claim.
Exam Warning
If the estate has been fully distributed before a late claim is allowed, the court may be unable to make an effective order. Always check the status of the estate before advising on a late application.
Summary Table: Time Limits for Inheritance Act 1975 Claims
| Event | Effect on Time Limit |
|---|---|
| First full grant of representation | Starts six-month period |
| Limited grant (e.g. for specific asset) | Does not start time limit |
| Application made within six months | Claim can proceed |
| Application made after six months | Only possible with court’s permission |
Key Point Checklist
This article has covered the following key knowledge points:
- The statutory time limit for making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is six months from the first full grant of representation.
- Only a full grant of probate or letters of administration triggers the time limit; limited grants do not.
- The court has discretion to allow late claims, but only in exceptional cases and after considering all relevant factors.
- If the estate has already been distributed, it may not be possible to make an effective claim.
- Personal representatives are generally protected if they distribute the estate after the time limit has expired and no claim has been made.
Key Terms and Concepts
- time limit
- grant of representation
- court’s discretion
