Some people assume the six month limit runs from the time of death. Others think all that needs to be done with the six months is to notify the executor of a claim. Both these assumptions are wrong.
Mistakes over time limits can be fatal to making a valid claim. Even cases that have legal merit can be statute barred as a result, so it is important to understand precisely what the six month inheritance time limit actually is.
When does the time limit start to run?
The six month inheritance time limit starts to run from the date that the grant of representation (Probate) is issued. In other words the clock starts ticking when Probate is granted and anyone who wants to make an Inheritance Act claim must take action then with within the following six months.
What must be done within the six months?
It is not sufficient to simply tell the executor or another beneficiary that you are making an Inheritance Act claim. To comply with the six month time limit you must actually make an application under the Inheritance Act. This will generally involve issuing your application in court. However, solicitors can reach an agreement that time should ‘stand still’, without the claim being prejudiced and so this gives the parties time to review the case and attempt to resolve the dispute without the court’s intervention, for instance by using mediation. NOTE ‘standstill agreements’ can be challenged, so they should not be entered into without input from a lawyer who specialises in Inheritance Act claims.
