The High Court has allowed a widow’s inheritance dispute claim to proceed despite being brought 26 years after the time limit. 

The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) allows certain family members (namely spouses, former spouses, children and people maintained by the deceased) to make a claim against a deceased person’s estate if the terms of the deceased’s will (or the application of the Intestacy Rules) does not make ‘reasonable financial provision’ for the applicant. The court has a wide range of powers to vary the inheritance that the applicant receives or to make an award when the applicant is due to receive nothing.

The case of Thakare v Bhusate (2020) concerns the estate of Mr Kashinath Bhusate and the claim brought by his widow (Mrs Bhusate) against the estate under the Act.

The judge at first instance granted Mrs Bhusate permission to bring her claim last year despite the fact that the court deadline was missed by 25 years.  The time limit for an applicant to bring a claim under the Act is six months from the date of the Grant of Probate or Grant of Letters of Administration.

Mrs Bhusate’s stepchildren appealed and argued that Mrs Bhusate had received reasonable financial provision from the estate and that the delay in administering the estate was her own fault.

Notwithstanding the 6 month time limit, the court does have the discretion to extend the deadline to make a claim under the Act. The court will consider the merits of the case, the reason for the delay, whether any steps have been taken to administer the estate, what would happen if permission to apply was refused, and whether the applicant has any other remedy outside of an inheritance claim.

Mr Edwin Johnson QC dismissed the appeal made by the stepchildren and stated that he could not interfere with the first instance decision in allowing Mrs Bhusate’s appeal to proceed. He said that the estate administration was delayed due to the stepchildren not cooperating. The delay of 26 years sets a new landmark as the longest extension of time given in an inheritance dispute case under the Act.

Cases dealing with inheritance disputes that are out of time fall on their own facts and it is essential to take legal advice in all inheritance disputes, will disputes and contentious probate matters. 

If you would like information about an inheritance dispute, challenging a will, contesting a will, probate disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Our team at George Green LLP are regarded as one of the Midlands' leading teams of will disputes and contentious probate solicitors. Susan Ford is an associate member of ACTAPS. 

We offer a free initial free consultation and we can often act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.

Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.