Chester Inheritance dispute solicitors, Freeman Jones Solicitors, update you on limitation periods and “standstill agreements” for inheritance claims.
Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) provides that inheritance claims cannot be made more than six months after a grant of probate has been issued, except in certain circumstances with the permission of the court.
Mr Justice Mostyn recently handed down his judgment in the case of Cowan v Foreman & Ors in relation to the application of this 6-month limitation period and solicitors attempts to extend the limitation period by agreeing standstill agreements (an agreement that the limitation period can be extended).
Mr Justice Mostyn confirmed what has always been the approach of our inheritance claim solicitors here at Freeman Jones solicitors. He confirmed that standstill agreements between solicitors are to be avoided as it is not for the parties to decide but for the court to decide on acceptable time periods in inheritance claims in compliance with UK legislation.
If you wish to discuss the implications of the case on your circumstances or speak to one of our specialist Chester Inheritance claim solicitors about any potential inheritance claim then please do not hesitate to get in touch.