We recently wrote a blog about the decision reached a short time ago in the case of Bhusate in which the Court found that there was good reason to allow a claim under the Inheritance (Provision for family and Dependents) Act 1975 to proceed some 25 years and six months out of time.
At the end of February a competing decision in the case of Cowan v Foreman has been handed down in which the Court refused to allow a Claimant to proceed some 17 months out of time under the 1975 Act.
Out of time claims – contrasting case backgrounds
The factual background to the two cases was, however, in stark contrast. Whilst each were brought by the spouse of the deceased, the Judge found that, in the Bhusate case, if the Claimant was not permitted to proceed, she would effectively be left homeless and, further, the blame for the delay to a large extent could be placed at the feet of the administrators of the estate.
In the Cowan case on the other hand, there was evidence before the Court that the Claimant knew and ignored the deadline for issuing the claim, she had been provided for by her husband by way of generous trusts to which she was a principle beneficiary and, accordingly, the Court found that the Claimant did not have good prospects of succeeding with the claim even if permitted to proceed.
As stated above, the two cases were brought by spouses of the deceased but the factual background could not have been further apart. This clearly shows that these cases stand or fall on their own facts. It is therefore essential to seek early advice on your position should you wish to pursue a claim under the 1975 Act.
How can Nelsons help?
Kevin Modiri is a Partner in our Dispute Resolution team.
For advice on any queries relating to inheritance disputes, please contact Kevin or another member of our team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.