Time limit (Claims against estates under the Inheritance (Provision for Family and Dependants) Act 1975)- FS

Question 1

What is the purpose of the Inheritance (Provision for Family and Dependants) Act 1975?

Answer 1

To allow certain categories of individuals to apply for reasonable financial provision from a deceased person’s estate if the will or intestacy fails to make such provision.

Question 2

Who can apply under the Inheritance (Provision for Family and Dependants) Act 1975?

Answer 2

Specific categories of individuals, including (but not limited to):

1. Spouses or civil partners
2. Former spouses or civil partners (not remarried)
3. Children
4. Persons treated as children
5. Dependants who were financially maintained by the deceased

Question 3

What is the time limit for bringing a claim under the 1975 Act?

Answer 3

Under Section 4, the claim must be brought within six months of the grant of representation being issued.

Question 4

Can a claim under the 1975 Act be made before the grant of representation is issued?

Answer 4

Yes, a claim can be submitted prior to the issuance of the grant.

Question 5

Can the court extend the 6-month limitation period under the 1975 Act?

Answer 5

Yes, the court has discretion to extend the time limit if there is good reason for the delay.

Question 6

What is the risk for personal representatives if they distribute the estate before six months have passed from the grant of representation?

Answer 6

They may become personally liable for satisfying any successful family provision claim brought within that six-month period.

Question 7

When should personal representatives ideally distribute the estate to avoid personal liability under the 1975 Act?

Answer 7

Only after six months have passed from the date on which the grant of representation was issued.

Question 8

In a scenario where a grant of representation was issued seven months ago and no good reason for delay exists, can a family provision claim still be brought?

Answer 8

No, the claim is time-barred unless the court exercises discretion to allow a late claim, which requires justification.

Question 9

What happens if a beneficiary’s legacy fails (e.g., due to redemption)?

Answer 9

That beneficiary may still bring a claim under the 1975 Act if they fall within an eligible category and were left with no reasonable provision.