Estate disputes can arise quickly and often unexpectedly. It is therefore vital to establish early on if there are any deadlines which, if missed, may prohibit starting or defending a claim.
In a legal context, deadlines to start a claim are known as ‘limitation’. Whether limitation applies depends on the type of claim being brought. Below two of the most common estate claims in this context are considered.
1.Claims against the validity of a Will
A frequent argument arising in estate disputes is whether a Will is valid.
A Will can be declared invalid by the court on one of the following grounds:
- It does not comply with the formalities in section 9 of the Wills Act 1837 (which include, for example, that a valid Will must be in writing and signed by the testator, or in their presence and by their direction, and that the signature must be made or acknowledged by the testator in the presence of two or more witnesses present at the same time);
- The testator did not have testamentary capacity to make the Will;
- The testator did not know and approve the Will; or
- The testator was unduly influenced into making the Will.
There is no statutory deadline by which a Will validity claim must be commenced. However, this is not a reason to delay: the passage of time could lead to the loss of key evidence and witnesses, and the executor may distribute the estate and therefore make it harder to recover assets.
Significantly, the court has also held that an unreasonable delay in bringing a Will validity claim can sometimes act as a valid defence to that claim. In James v Scudamore [2023] EWHC 996 (Ch) the claimant had sought to revoke probate granted in respect of the Will of his late father (the Deceased). The Deceased had made a Will giving a life interest in the matrimonial home to the Deceased’s second wife (C), with the claimant and his brother receiving the remainder on C’s death. However, the Deceased then made a codicil to amend his Will by replacing C’s life interest with an absolute gift of the property to her. The deceased died in 2010, and C obtained probate and administered the estate in accordance with the codicil. C later made a Will in which she left 30% of her estate to the claimant’s three children.
In 2013, the claimant instructed solicitors to explore the validity of the codicil but took no action. It was not until 2020 that the claimant began proceedings against the validity of the codicil, arguing that it didn’t comply with the formalities of the Wills Act.
The judge held that the claimant was barred from bringing the claim. It was considered that C had acted to her potential detriment by making her own Will in favour of the claimant’s children, and by administering the Deceased’s estate, whilst the claimant took no action. Important evidence had also been lost in the intervening years, which would have made it harder for the claim to be properly heard.
Therefore, whilst there is no formal time limit, it is recommended that anyone who intends to engage in a Will validity dispute acts promptly.
2.Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act claims)
This is a type of claim which can be brought by a claimant who considers that the deceased has made no reasonable financial provision for them in their Will (or, if there is no Will, that the intestacy rules make no reasonable financial provision for them).
The claimant must meet certain criteria to be eligible to bring this claim. The deceased must also have died domiciled in England and Wales.
Eligible claimants are listed in section 1(1)(a) – (e) of the 1975 Act. In summary, the categories of individuals who are eligible to bring a claim are as follows:
- The spouse or civil partner of the deceased;
- A former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;
- A person who, during the whole of the period of two years ending immediately before the date when the deceased died, was living –
- in the same household as the deceased, and
- as if that person and the deceased were a married couple or civil partners;
- A child of the deceased;
- Any person (not being a child of the deceased) who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family.
- Any person (not being a person included in the above categories) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.
A person is to be treated as being maintained by the deceased only if the deceased was making a substantial contribution in money or money’s worth towards the reasonable needs of that person (excluding any arrangements of a commercial nature).
Contrary to a Will validity claim, a 1975 Act claim has a strict limitation period. A claim under this Act must be brought within six months of a grant of probate (or grant of letters of administration in an intestate estate) (section 4 of the 1975 Act).
In limited circumstances, the court does have a discretion to extend the six-month time limit, however this should not be relied upon. For example, in Stock v Brown [1994] 1 FLR 840 a 90-year-old widow made an application under the 1975 Act nearly 5 and a half years out of time. The application was triggered in 1993 when a dramatic fall in interest rates, and the increasing cost of her care, meant that what she had received under her husband’s Will was no longer enough to live on. The widow was granted permission to bring the claim out of time, with the court considering how she had never received independent legal advice on the matter, and it being conceded that she had an arguable case. It was also noted that the residuary beneficiaries, who had been notified of the situation, did not seek to obstruct her application.
Summary
It is important to bear in mind that most matters settle outside of court and therefore issuing a claim at court should be considered as a last resort. That being said, it is vital that any prospective claimant or defendant is aware from the outset of any court deadlines should the matter fail to settle and require the court’s input to resolve. Consideration should also be given to how the court may view any significant delay in progressing the claim, and how any delay may negatively impact the gathering of evidence.
Limitation is not the only timeframe to consider and if a claim is issued, a strict court timetable must then be adhered to. Missing the court’s deadlines can lead to sanctions and sometimes even to a default judgment being made against the party who has missed the deadline.
Obtaining specialist advice early on in an estate dispute is therefore highly recommended, which will facilitate the meeting of any relevant deadlines.
A member of our specialist Inheritance and Trust Disputes Team would be happy to assist you in navigating this process, so please do not hesitate to get in touch should you wish to discuss matters further.