Topic: s4; delay before bringing claim; appeal; exercise of discretion; extension of time; limitation periods; intestacy; failure to administer estate; change in circumstances

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...