When bringing an action under the Inheritance (Provision for Family and Dependants) Act 1975, the Act requires that the application is made within six months from the date of the grant of representation. If a claimant wants to issue their claim after that six months, they can only do so with the permission of the Court.
Due to the current pandemic, claimants may be concerned that they are going to run out of time to complete a full negotiation with the other parties before they have to issue their claim. It may be that there are difficulties with engaging with an opponent who is self-isolating or who is ill and suffering from the effects of the coronavirus and potentially in hospital.
What should I do if I am concerned about running out of time to issue my claim?
There are two options for claimants to consider:
- A standstill agreement – parties can agree to enter into a standstill agreement in which the defendant to the proceedings agrees to consent to the claimant’s application to bring his/her claim out of time. However, this may not be possible if the parties are having difficulties in engaging with each other. There is still some risk however to the claimant in doing this as it is for the Court to decide whether to grant permission to proceed out of time.
- Issue proceedings – a claimant who cannot engage with their opponent should issue their claim under the Act as a protective measure so they do not risk losing the ability to bring their claim which would seriously undermine their negotiating power. The claimant does not have to serve this claim on the defendant immediately and has a further four months from issuing the claim to do so. Even then the parties can ask the Court to order the claim be put on hold for settlement discussions to conclude. The downside to issuing a claim is that there is a financial cost. Court documents will need to be prepared, and a Court fee will be payable.
Claimants should seek legal advice at the earliest opportunity in order to determine their options if they consider they have a claim under the Inheritance Act. It is important to make sure the protective measures are in place during the coronavirus pandemic or they may risk their inheritance claim being time-barred.
How Nelsons can help
At Nelsons, we have a specialist team who can assist with discussing the available options. If you have any questions in relation to the topics discussed in this article, please contact a member of our Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.