Colbourne v Cooke & ors [2023] WTLR 43

Wills & Trusts Law Reports | Spring 2023 #190

On 13 May 2022 the applicant made an application by form N244 seeking permission to issue a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) out of time, pursuant to s4 of that Act. A grant of probate had been made on 20 September 2021, and so the period of six months from grant expired on 20 March 2022. The evidence in support of the application exhibited a draft Part 8 claim form and witness statement, unissued.

The explanation for the delay was a technological malfunction in the applicant’s solicitors’...