Claims under the Inheritance (Provision for Family and Depen...

Learning Outcomes

This article explains the statutory six‑month time limit under s4 of the Inheritance (Provision for Family and Dependants) Act 1975, when that period begins, and how it is calculated in relation to different types of grants of representation. It details the distinction between first full grants and limited grants, clarifies the effect of subsequent grants, and explains why only the first full grant starts the clock. It also examines how to identify the last day for issuing a claim, how applications can validly be made before a grant, and how standing searches and probate notifications help claimants monitor when the limitation period will commence. In addition, the article analyzes the court’s discretion to permit out‑of‑time applications, the leading factors guiding that discretion, and how those factors are applied in typical SQE1 problem‑style scenarios. It reviews the interaction between the time limit, estate distribution, and personal representatives’ protection, so that the risks of early distribution and the practical consequences of missing the deadline can be evaluated in both exam‑style and practical scenarios. Finally, it presents strategies for using protective issue, negotiation, and evidence to preserve claims while respecting the statutory timetable.

SQE1 Syllabus

For SQE1, you are required to understand the statutory time limit for claims under the Inheritance (Provision for Family and Dependants) Act 1975 and its interaction with grants of representation, court discretion, and estate administration, with a focus on the following syllabus points:

• The statutory six‑month time limit from the date on which representation is first taken out (s4 1975 Act)
• The meaning of “first grant of representation” and the distinction between full and limited grants
• That applications may be made before a grant issues, and how standing searches work
• The court’s discretion to extend time and the factors it considers (reason for delay, promptness, estate distribution, notice, merits)
• The consequences of missing the deadline, PR protection if distributing after six months, and recovery from beneficiaries if distribution has occurred
• The “net estate” concept and how the court can bring assets back into scope, including anti‑avoidance in respect of dispositions made to defeat claims

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.

1. When does the statutory time limit for making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 begin?
2. What is the standard period within which a claim must be brought?
3. Can the court allow a claim to proceed after the time limit has expired? If so, what factors will it consider?
4. 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. In practice, these rules interact closely with estate administration: when the clock starts, how personal representatives (PRs) manage distributions, and how claimants monitor grants all affect whether a claim is timely and whether effective relief is available.

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.

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.

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. The claim is “made” when it is issued at court.

The period can be short in practice: if the grant issues swiftly, claimants must act quickly, especially where they are negotiating with PRs or awaiting formal valuations. Equally, if there is a long delay before a grant is obtained, the six‑month period will not begin until the grant date; applications may still be issued before the grant to avoid any risk.

What triggers the time limit?

The time limit starts from the date of the first full grant of representation in England and Wales for the estate. 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)
• Grant of letters of administration with the will annexed (where a valid will exists but no executor can/does act)

A limited grant (for a specific asset or for collection/preservation purposes, e.g. ad colligenda bona) does not start the time limit. Only the first full grant covering the whole estate triggers the deadline. Subsequent grants (such as double probate when power reserved is later taken up, a cessate grant where a prior grant has ceased to have effect, or a second grant in respect of remaining property) do not reset or extend the six‑month period; the clock started and runs from the first full grant.

Power reserved to a non‑proving executor does not affect the start date. Nor will later changes in the people who hold the grant (e.g. substitution under court order) create a fresh six‑month window.

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

In addition, it delineates when PRs may safely distribute (absent notice of a claim), and it encourages claimants to act promptly or to seek agreement for interim arrangements while they negotiate.

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 last day to issue is the calendar date six months after the grant date (e.g. grant on 1 April → last day to issue is 1 October). The deadline is not extended or reset by later grants or by limited grants.

In practice, claimants can and often should file before the grant if delay is likely (the statute permits applications “before a grant is issued”). Separately, a “standing search” may be lodged at the Probate Registry; it reveals whether a grant has issued in the last 12 months and notifies the searcher of any grant during the following six months, helping claimants track when the six‑month period will commence.

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.

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.

Worked Example 1.3

Question: A will appoints two executors. One takes a grant on 1 June (with power reserved to the other), and the other takes “double probate” on 1 December. The estate includes a UK house and UK investments only. When does the six‑month period run?

Answer:
From 1 June, the date of the first full grant. The later double probate on 1 December does not restart the clock.

Worked Example 1.4

Question: There is no executor able/willing to act and letters of administration with the will annexed are granted on 15 March. Before that, a temporary ad colligenda bona grant was issued to safeguard perishable assets. Which grant triggers s4?

Answer:
The letters of administration with the will annexed on 15 March trigger s4. The earlier ad colligenda bona grant is a limited grant and does not start time.

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. The court will consider all the circumstances, including fairness to beneficiaries and PRs, and the overall merit of the claim. The application for permission to proceed out of time must be made to the court, supported by evidence explaining the delay and addressing prejudice.

Factors the court will consider

When deciding whether to allow a late claim, the court will consider:

• The reason for the delay (e.g. negotiations, legal advice delays, obtaining valuations, illness)
• 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, in whole or in part
• The potential prejudice to beneficiaries or personal representatives
• The merits of the claim (does the disposition fail to make “reasonable financial provision”?)
• Whether PRs or beneficiaries were put on notice of a potential claim within time
• Whether the applicant has another remedy if permission is refused (e.g. negligence against advisors)

Courts place particular significance on prompt action after the reason for delay ceases and on whether distribution has already occurred. If the estate remains largely intact, late permission is more likely; if it has been fully distributed and third‑party rights would be disturbed, permission is less likely and any order may be difficult to enforce. Case law illustrates both outcomes; for example, in one decision the widow who missed the deadline by four and a half months was refused an extension where the estate had already been distributed and no prior notice had been given to PRs.

Procedure and practical points

• Permission is sought by application, ordinarily supported by a witness statement explaining the delay and setting out merits.
• Claimants should avoid assuming that standstill agreements with PRs “stop” the statutory time limit; without a court order, the six‑month period still expires.
• If distribution is imminent and there is time pressure, issuing a protective claim within six months preserves the position while negotiations continue.

Worked Example 1.5

Question: A solicitor is instructed to bring a 1975 Act claim but forgets the six‑month deadline. The claim is issued nine months after the grant; the PRs had no notice of any claim and distributed the estate after six months. What outcome is likely?

Answer:
Permission may be refused because the estate has already been distributed and PRs had no prior notice. The claimant may need to consider an alternative remedy (e.g. a negligence action against the solicitor). The court will balance prejudice and the merits but, on these facts, an extension is unlikely.

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. Timing also interacts with PRs’ duties and protection:

• PRs should not distribute the estate within six months of the grant if a 1975 Act claim is possible, as they risk personal liability if an in‑time claim is later allowed.
• If PRs distribute after the expiry of the six‑month period and had no notice of a possible claim, they are generally protected from personal liability; distribution is then at the beneficiaries’ risk if a late claim is permitted.
• If a late claim is allowed and the estate is not intact, the court can direct recovery from beneficiaries to give effect to its order.
• Anti‑avoidance: dispositions intended to defeat family provision claims made within six years before death can be unwound, bringing property back within the “net estate” available to satisfy provision.

The “net estate” includes property the deceased could have disposed of by will and, if the court so orders, the deceased’s share of jointly‑held property passing by survivorship. The timing of the grant thus affects both claimants and PRs: claimants must monitor and act; PRs must avoid premature distribution and consider information about potential claims during the six‑month window.

Monitoring grants: standing searches

A standing search placed at the Probate Registry confirms whether a grant has issued in the past 12 months and ensures notification of any grant issued in the next six months. This is a practical tool for claimants to identify when the six‑month period starts.

Applications before a grant

The statute permits applications before the grant issues. This may be appropriate if the delay to the grant is outside the claimant’s control or where urgency (e.g. imminent distribution of joint property or dissipation risk) requires protective steps.

Worked Example 1.6

Question: A cohabitant anticipates a claim and lodges a standing search on 10 January. A grant issues on 25 February and the PRs plan to pay pecuniary legacies immediately. The cohabitant issues a protective claim on 20 March while negotiations continue. Is the claim timely, and are PRs safe to distribute on 1 September?

Answer:
The claim is timely (issued within six months of the grant). PRs should not distribute within the six‑month period (to 25 August) if there is a potential claim; they would be safer to wait until after the window has expired and they have no notice of any additional 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

Additional Practical Considerations

• Notices to PRs: If claimants or their advisers notify PRs within the six‑month period that a claim is contemplated, PRs should refrain from distribution until the window expires or the matter is resolved, reducing the risk of personal liability.
• Joint property: The court can include the deceased’s share of joint assets within the net estate if necessary to satisfy provision; the existence of joint holdings does not insulate those assets from orders.
• Interim relief: The court may order interim payments where appropriate; but timeliness remains critical to ensure jurisdiction.
• Costs and administration: PRs should document decisions about timing and distribution, including any knowledge of potential claims. Claimants should keep evidence of negotiations, advice taken, and prompt steps once delay ends.

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 (s4).
• Only a full grant of probate or letters of administration triggers the time limit; limited grants (e.g. ad colligenda bona) do not.
• Subsequent grants (e.g. double probate when power reserved is taken up) do not restart the clock.
• Claims may be issued before the grant; standing searches help track when the six‑month period will begin.
• The court has discretion to allow late claims, but this is not automatic; it considers delay reasons, promptness, distribution, notice, prejudice, and merits.
• PRs should not distribute within six months if a claim is possible; distribution after six months without notice generally protects PRs from personal liability.
• If the estate has already been distributed, it may be harder to make an effective order; recovery may be directed from beneficiaries if a late claim is allowed.
• Anti‑avoidance powers can bring back dispositions intended to defeat claims; the “net estate” may include joint property by court order.

Key Terms and Concepts

• time limit
• grant of representation
• court’s discretion