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 will, saying that the revocation of the necessary provision was an error.
Held: The application should be decided on similar principles to applications for an extension of time under the Inheritance etc Act. The failure to proceed arose from a fundamental mistake as to the value of the estate. The beneficiaries had operated under the same misapprehension, and had not therefore acted to their detriment because of the delay. Leave was given.
David Donaldson QC
Times 05-Apr-2000, (2000) 1 WTLR 643
Inheritance (Provision for Family and Dependants) Act 1975, Administration of Justice Act 1975 4
England and Wales
Distinguished – Escritt v Escritt 1981
Cited – In re Salmon (Deceased) 1981
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 . .
These lists may be incomplete.
Updated: 12 February 2021; Ref: scu.82244