Time limits – how long do you have to bring a claim?
One of the first time limits to consider is the time to bring a claim under the Inheritance (Provision for Family and Dependants) Act. This is normally used where it is believed that insufficient provision has been made for a potential beneficiary.
Here the time limit is that claims must be brought (started at court) within six months of the grant of representation / probate.
We always recommend you bring the action as early as possible.
Other claims – Limitation periods for other claims is a very complex area. Always take proper professional advice. We always advise that if you want to claim, take legal advice as soon as possible. If the claim is left too long the estate may be distributed and it becomes harder and harder to make a recovery.
This is a complicated area and one where experience of previous claims is important as a guide to whether or not a claim will be successful. Always take proper advice. Click here to complete our online enquiry form.
In cases where urgent action is required or where more time is needed to assess whether a claim should be pursued, it is possible to lodge a Caveat with the Court. This effectively stops a Grant of Representation being issued until matters have been looked into more thoroughly. A Caveat lasts for a period of six months but can be renewed where necessary. Where a Will is disputed, this will stop the Executors from being given the document required in order for them to proceed with the administration. Where a death occurred some time ago, it is possible to obtain a copy of the Grant of Representation that was issued. This document contains lots of useful information including a copy of the Will where applicable, the names and addresses of the Executors who are acting or the Solicitors they have instructed.
Where a Grant of Representation has not yet been issued, it is possible to place a Standing Search with the Court to ensure that you are notified and sent a copy as soon as a Grant of Representation has been issued. Again, this last for a period of six months but can be renewed if necessary.