The time limit under the 1975 Act is ‘a substantive provision laid down in the Act itself and is not a mere procedural time limit imposed by rules of court which will be treated with the indulgence appropriate to procedural rules. The burden on the applicant is thus, I think, no triviality: the applicant must make out a substantial case for it being just and proper for the Court to exercise its statutory discretion to extend the time.’
Judges:
Megarry Ch
Citations:
[1981] Ch 167
Statutes:
Inheritance (Provision for Family and Dependants) Act 1975
Jurisdiction:
England and Wales
Cited by:
Cited – In Re the Estate of Ronald Ernest Chittock (Deceased); Chittock v Stevens and Others ChD 5-Apr-2000
A widow had thought that she was to receive the bulk of her husband’s estate by survivorship, but discovered, only out of time and after the six months limit, that this was not the case. She applied for leave to apply out of time to rectify the . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 17 May 2022; Ref: scu.243299