CeMAP FRE1 Legal Concepts: Contract, Agency, Property, Insolvency, Wills & Trusts question: normal time limit for bringing a claim against an estate

CeMAP FRE1Legal Concepts: Contract, Agency, Property, Insolvency, Wills & Trusts

Under the Inheritance (Provision for Family and Dependants) Act 1975, what is the normal time limit for bringing a claim against an estate?

A Six months from the date of the grant of representation
B Twelve months from the date of death
C Six years from the date of death
D Three months from the funeral

Show the answer and explanation

Answer: A. Six months from the date of the grant of representation

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 must normally be brought within six months of the date of the grant of representation (s4), although the court can allow a late claim. Six years is the general limitation period for simple contract claims, and the other periods have no statutory basis for this claim. Personal representatives often wait six months before distributing for this reason.

Common mistake

Using the six-year contract limitation period or counting from the date of death.

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