header-logo header-logo

23 September 2019 / Paul Hewitt , Sarah Aughwane
Issue: 7857 / Categories: Features , Wills & Probate
printer mail-detail

Clarification on standstill agreements

A claimant relying on a standstill agreement in 1975 Act claims does take a risk, but one that will almost certainly be worth taking in future, as Paul Hewitt & Sarah Aughwane explain

Under the Inheritance (Provision for Family and Dependants) Act 1975 (the '1975 Act'), claims started more than six months after the grant of probate need the court's permission to proceed.

That is sometimes referred to as a 'limitation period'. But it is a different creature. With a 1975 Act claim, the court always retains discretion as to whether or not to permit a claim to proceed out of time.

Nevertheless, it is common practice among solicitors dealing with 1975 Act claims to borrow the concept of standstill agreements from limitation cases.

That practice has been closely scrutinised, and now clearly approved by the Court of Appeal in Cowan v Foreman [2019] EWCA Civ 1336, [2019] All ER (D) 31 (Aug).

Facts

Michael Cowan, a businessman credited with bringing the black bin liner to the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll