This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn about the time limits for making family provision claims under the Inheritance (Provision for Family and Dependants) Act 1975 in England and Wales. This guide explains when the six‑month deadline starts, how to calculate it, options for late claims, and practical steps for claimants and estate administrators.
A family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 allows certain relatives and dependants of a deceased person to ask a court to adjust the distribution of an estate if the will or intestacy rules do not make reasonable financial provision for them. One of the most important practical aspects of these claims is understanding the time limits within which they must be brought. Missing a deadline can seriously affect the ability to pursue a claim unless the court exercises its discretion in exceptional circumstances. This article explains the relevant legal rules, how deadlines operate, what happens if they are missed, and practical considerations for prospective claimants.
When the Time Limit Begins
For the purpose of family provision claims, the primary time limit is six months. Under section 4 of the 1975 Act, a claim must be started at court within six months of the date on which a Grant of Probate or Letters of Administration is issued in relation to the deceased's estate.
- Grant of Probate: Issued if there was a valid will and it has been proved in court.
- Letters of Administration: Issued if the deceased died intestate (without a will).
The six‑month period is calculated from the date of the sealed grant - simply negotiating, sending letters of claim, or engaging in correspondence does not stop the deadline running. The only reliable way to protect a claim is to issue proceedings before the deadline expires.
Strict Nature of the Six‑Month Deadline
The six‑month time limit is treated as strict by the courts. This reflects Parliament's intention that family provision cases should be dealt with promptly during estate administration so that beneficiaries and personal representatives know the estate's liabilities before distribution.
If a claimant files their claim before the six‑month deadline, they preserve their right to pursue relief even if negotiations or mediation continue thereafter. In fact, some practitioners start proceedings “protectively” within the period and then stay (suspend) the action while parties attempt alternative dispute resolution.
Effect of Missing the Six‑Month Deadline
If a claimant misses the six‑month deadline, they cannot automatically proceed with a family provision claim. The 1975 Act expressly provides that a claim shall not be brought after the end of the six months unless the court gives permission.
Court Permission for Late Claims
The court has a wide discretion to allow an application to be made after the six‑month period. This requires a claimant to:
- Explain why the claim was not issued within time.
- Show they acted promptly once they became aware of the estate and their potential claim.
- Set out sufficient evidence that the claim has merit.
This discretionary power is not automatic and the court weighs multiple factors rather than applying fixed rules.
Common factors the court may consider include:
- Whether any negotiations or attempts to resolve matters began within the six‑month period.
- Whether the estate has already been substantially distributed.
- Whether allowing the claim out of time would cause unfair prejudice.
- Whether the claimant has an arguable case for financial provision.
Cases such as Re Salmon and subsequent authority have provided guidance on the exercise of this discretion, but outcomes remain dependent on each claim's circumstances.
Special Situations and Practical Considerations
Minor Claimants
There is no special exemption from the six‑month deadline simply because the claimant is a minor (under 18). If a minor is eligible to make a family provision claim, the same time limit applies, although the court's discretion can be exercised where justice requires.
Standstill Agreements
Parties sometimes enter standstill agreements before the deadline expires. These are contracts between interested parties agreeing to pause the effect of the six‑month limitation, giving all sides more time to investigate and negotiate without needing immediate court proceedings. For such agreements to be effective, all relevant parties must consent and the terms should be clear and documented in writing.
Finding Out When Probate Was Granted
Prospective claimants often do not know the exact date the grant was issued. It is possible to carry out a search of the Probate Registry's public records or request a standing search so that notifications are received when a grant is issued, helping to calculate the six‑month deadline accurately.
Consequences of the Time Limit for Executors and Beneficiaries
Executors and personal representatives must be aware of the limitation period because they may be free to distribute the estate after the six‑month period expires without having to consider future 1975 Act claims, unless they have actual notice of an ongoing application or permission to extend time.
Beneficiaries also benefit from certainty, as dealing with possible claims within this timeframe minimises risk that assets must later be redirected if a successful family provision claim is made.
Key Questions About Time Limits
Can letters or negotiations stop the clock?
No. Only issuing an application at court before the six‑month deadline stops the limitation. Informal correspondence or mediation does not by itself pause the deadline.
Can a claim be made after probate has been granted for more than six months?
Yes, but only with specific permission from the court. The claimant must apply for permission and persuade the court there is good reason to allow a late claim.
Is the six‑month period flexible?
Discretion exists but should not be relied upon as a substitute for timely action. Courts have repeatedly emphasised the need for promptness and clear justification for any delay.
Conclusion
Time limits are a fundamental aspect of family provision claims under the Inheritance (Provision for Family and Dependants) Act 1975. The general rule is that court proceedings must be started within six months of the date a Grant of Probate or Letters of Administration are issued. This deadline aims to provide clarity in estate administration and encourage disputes to be resolved early. Missing the deadline does not necessarily extinguish the right to bring a claim, but a claimant must obtain the court's permission by demonstrating prompt action and a compelling case. Understanding these time limits, planning early, and seeking advice at an early stage can significantly improve the prospects of making a successful claim.
