Late Inheritance Claim Rejected
- Penn Chambers
- Apr 8
- 2 min read
The Inheritance (Provisions for Family and Dependants) Act 1975 allows certain family members and dependants to claim financial provision from an estate in England and Wales if a Will or intestacy (if there is no Will) fails to make “reasonable” provision for a person. A claim generally must be filed within 6 months from the date of the Grant of representation.
Common ground for claims is when a spouse receives less than what they would have upon divorce, or a non-married partner of over 2 years is left with no financial support, or a child does not receive enough for their maintenance or education.
It is essential to obtain legal advice if you are considering an application to the Court.
The High Court has recently rejected a person’s application to claim on a £38m estate under the aforementioned Act, even though it was accepted that the applicant, Lonan O’Herlihy, had been treated as a “child of the family” before he became estranged from the deceased.
However, by the time the claim was made, the applicant was some 4+ years out of time and the estate had already been fully distributed. The Court found that there was no reason for the delay.
The aforementioned Act only allows late applications where there are strong reasons for the reason of the delay and the claim itself has merit. However, the longer the delay by the applicant, and therefore the prejudice to those who may have already inherited, the less likely the Court will accept the application.
It is therefore very important to obtain legal advice in such circumstances, as there are time considerations to bear in mind.
Contact us to write or update your Will. It is the perfect opportunity to take that important step ensuring your wishes are protected and loved ones cared for.
Contact me: emma.aslett@pennchambers.co.uk
0207 183 4595
The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.
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