Time limit for an Inheritance Act 1975 claim: six months from the grant
Felicity's father died in January 2026, domiciled in England, leaving his whole estate to a charity. A grant of probate was issued to his executors seven months ago. Felicity, his adult daughter, now consults you about making a claim for reasonable financial provision from his estate. No distribution has yet been made.
Which of the following best describes the time limit position for Felicity's claim?
Choose one answer to see the reasoning.
Worked answer
Correct answer A: She is out of time without the court's permission, as claims must be made within six months of the first grant.
THE RULE TO REMEMBER
An Inheritance Act claim must be made within six months of the first grant of representation unless the court gives permission, although it may be made before a grant.
Time limit for an Inheritance Act 1975 claim: six months from the grant
Section 4 Inheritance (Provision for Family and Dependants) Act 1975 provides that an application for an order under s.2 must not, except with the permission of the court, be made after the end of six months from the date on which representation with respect to the deceased's estate is first taken out. Since 2014, the section also confirms that a claim may be made before representation is taken out. The grant of probate was issued seven months ago, so the six-month period has expired. Felicity, as a child of the deceased, is an eligible applicant under s.1(1)(c), but she now needs the court's permission to bring a claim out of time. The fact that the estate has not yet been distributed is a factor the court may weigh when deciding whether to give permission, but it does not stop time running.
Why B is wrong: The period is six months and runs from the first grant of representation, not twelve months from death.
Why C is wrong: Time runs from the grant, not from death, and the court has power to give permission for a late claim.
Why D is wrong: Time runs from the grant regardless of distribution; distribution is only relevant to the court's discretion.
Why E is wrong: The s.4 time limit applies to every category of applicant, including children.
A little more practice done.
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