Inheritance disputes are often legally and emotionally complex, particularly when a claim is brought outside the usual time limits. In this case, I represented a former spouse seeking financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).
Despite the claim being brought late, the Defendants’ attempt to strike it out was dismissed, and my client was granted permission to proceed to trial. This article explains the key issues in the case, the legal challenges we faced, and how we successfully persuaded the High Court (Family Division) to allow the claim to continue.
The Background
My client married the Deceased in 2000, and they divorced in 2019. At the time of his death in December 2021, matrimonial finance proceedings were still unresolved, as they had abated upon his passing. This meant that my client had never received a financial settlement, despite their long marriage.
A major point of contention was a property, which my client solely owned, but where the Deceased had lived before his death. Following his passing, the Deceased’s adult child (from a separate relationship) moved in and refused to leave, claiming that the Deceased had been the true owner of the property.
In light of these issues, my client brought a financial provision claim under the IA 1975, seeking support from the Deceased’s estate. However, there was an immediate hurdle: the claim had been brought late for various reasons including that I was acting on a CFA (aka no win no fee) basis.
The Legal Issues
Bringing an Inheritance Act Claim Late
Under the IA 1975, claims must normally be made within six months of the grant of probate (or letters of administration). In this case, the administrator obtained letters of administration in August 2023, but my client’s claim was issued in November 2024—well beyond the six-month deadline.
The law does allow the court to extend time, but the threshold is high. The judge must be satisfied that:
- There is good reason for the delay.
- The estate has not already been distributed.
- The claimant would suffer injustice if permission was refused.
The Defendants’ Strike-Out Application
The Deceased’s son and another family member sought to strike out the claim, arguing that:
- The claim was out of time and should not be allowed to proceed.
- My client had already moved on financially and did not require provision.
- There was no real prospect of success because of alleged prior financial arrangements.
If successful, this strike-out would have ended my client’s claim entirely, preventing her from securing any financial provision from the estate.
Winning the Argument in Court
The case was heard before Mrs Justice Lieven in the High Court Family Division. I made the case that:
- There was good reason for the delay. My client had initially pursued possession proceedings instead of an IA 1975 claim, believing that regaining possession of her property would provide the financial security she needed. Only when those proceedings became prolonged and costly did she turn to the High Court for help. She has essentially tried to assist herself first before troubling the Family Division.
- The claim was meritorious. My client had been married to the Deceased for nearly 20 years. Their divorce had left financial issues unresolved, and she was now in precarious housing with no financial settlement.
- The Defendants had long known about the possibility of a claim. The first Defendant was aware as early as November 2022 that my client was considering a claim. There was no real prejudice in allowing it to proceed.
- There were major factual disputes that required a full trial. The exact value of the estate was in question, as was the date of separation between my client and the Deceased. These were not issues that could be resolved without hearing from the witnesses.
After considering legal arguments and case law, Mrs Justice Lieven ruled in my client’s favour:
- The claim was allowed to proceed despite being brought late.
- The strike-out application was dismissed.
- The case was listed for a two-day trial in October 2025.
Client Reaction: Relief and Appreciation
My client was overjoyed by the decision. She had feared that her case would be thrown out on a technicality, but she was now on course to fight for her rightful financial provision at trial.
Her legal team also shared in her relief. The solicitor that had instructed me called it ‘an excellent result,’ while the paralegal assisting the case messaged, ‘Brilliant news! Job well done!’
This case had been a long and stressful ordeal, and securing this outcome meant that my client could finally move forward with confidence.
Key Takeaways for Claimants in Inheritance Disputes
Bringing an Inheritance Act Claim Late Is Difficult, But Not Impossible
Courts have the discretion to allow claims beyond the normal six-month period, but you must have some reasonable reason why it has been brought late. If a claim has clear merit, the court is more likely to allow it to proceed. The record for a late claim is 26 years but those were very unique circumstances.
Factual Disputes Make Strike-Out Applications Unlikely to Succeed
The judge noted that there were significant disputes about the size of the estate and the financial history of the parties. This reinforced the principle that inheritance disputes often require a full trial to resolve properly.
Even Former Spouses Can Make a Claim
Despite divorcing in 2019, my client’s financial dependence on the Deceased meant that she was still eligible to claim. This case highlights that ex-spouses should always explore their rights if a former partner passes away without a financial settlement.
Conclusion
This case is an excellent example of how a late inheritance claim can still succeed with the right legal arguments. My client now has the opportunity to seek fair financial provision at trial, and the Defendants’ attempt to shut down her claim has failed.
If you are facing an inheritance dispute or have been told your claim is out of time, it is essential to get expert legal advice. Contact me today to discuss your options.
