Thakare & ors v Bhusate [2020] WTLR 691

Wills & Trusts Law Reports | Summer 2020 #179

A widow brought a claim for reasonable financial provision to be made for her from her late husband’s estate. The claim was brought 25 years and nine months after the six-month time limit mandated by s4 of the Inheritance (Provision for Family and Dependants) Act 1975.

At first instance Chief Master Marsh, exercising the broad discretion afforded by s4 of the 1975 Act, gave permission for the claim to be brought, notwithstanding the extremely long time since the six-month period had expired: see Bhusate v Patel.

The facts of the...

The 1975 Act: The clock is ticking… or is it?

5 Stone Buildings | Trusts and Estates Law & Tax Journal | May 2019 #206
William East reviews two recent cases on out-of-time 1975 Act claims with different outcomes ‘The decision that “excusable delay” should be for “weeks or, at most, months”, absent “highly exceptional factors”, begs the question of what those factors might be and whether this sets the bar too high given the shortness of the initial time …

Continue reading "The 1975 Act: The clock is ticking… or is it?"

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