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04 June 2009 / Malcolm Skinner
Issue: 7372 / Categories: Features , Procedure & practice , Family
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Keeping it in the family

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Malcolm Skinner outlines the time limit aspects of procedure relating to the Inheritance (Provision for Family and Dependants) Act 1975

An application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) cannot be commenced after the end of six months from the date on which a Grant to the estate is first taken out without the permission of the court (s 4).

A Grant is not deemed to have been first taken out if it is limited to settled land or to trust property. Similarly a Grant limited to real or personal estate is ignored unless a grant limited to the remainder of the estate has already been made or is made at the same time.

The court can grant leave to take proceedings under I(PFD)A 1975 outside the time limit but this discretion is used sparingly. In Re Salmon (deceased), Coard v National Westminster Bank Ltd and others [1980] 3 All ER 532 Sir Robert Megarry V-C approved some and laid down other

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