The importance of making a contested probate claim quickly
The death of a close family member can be a very difficult time in someone’s life. It can add to the loss and confusion to discover that you have been excluded from an inheritance. Often it can take time to take it all on and consider what to do. Unfortunately, time is not usually on your side. In order to pursue a claim under The Inheritance (Provision for Family and Dependants) Act 1975 you must act swiftly.
Such claims can only be brought within 6 months of the date of the Grant of Probate. This leaves Solicitors with very little time to prepare your case if you delay obtaining legal advice.
Berger v Berger
The recent case of Berger v Berger highlights the need for speed in contested probate cases. The Claimant’s husband had died leaving his wife a right to reside in their matrimonial home for life and the residue of his estate was put on trust to provide her with an income for the rest of her life. On her death, the remainder would go to his two sons from a previous marriage. It was made clear in Mr Berger’s Will that he wished for his wife to continue to live a comfortable life after he’d gone and as a result she should receive a good income. The Executors and Trustees of the Will were Mr Berger’s two sons alongside his wife.
Mrs Berger found that the imcome was insufficient to allow her to live comfortably and she soon expressed concerns about the income she was receiving. However, she did not wish to cause tension in the family so did not seek legal advice at this stage. Her income continued to be less than satisfactory and after 7 years she eventually sought legal advice and commenced court proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 .
Outside of a reasonable time limit
The Act enables certain categories of people to make a claim against an estate where no ‘reasonable financial provision’ was made for them under the Will. However, as the time limit for bringing claims is 6 months of the date of the Grant of Probate, Mrs Berger was almost 6 and a half years late in bringing her claim. The Court does have some discretion in these type of cases and can allow cases to be brought out of time. However, in this case the court decided that Mrs Berger had delayed her case too long. The court has to bear in mind the fact that those administering estates are entitled to some sort of certainty and that beneficiaries cannot have legal action hanging over them indefinitely. Had she brought her claim in time there was every likelihood that she would have been awarded more money.
Therefore, if you are considering contesting a Will on the grounds that no reasonable financial provision has been left for you then you should seek legal advice as a matter of urgency. Please note, longer time limits apply to challenge the validity of the Will but the Court will take account of any delay that it finds to be unreasonable so the quicker the action even in these cases the better. At Redress Law, we specialise in contested Wills and probate, particularly inheritance disputes.
