O'Herlihy v Taylor & Anor [2026] EWHC 505 (Ch) (09 March 2026)

O'Herlihy v Taylor & Anor [2026] EWHC 505 (Ch) (09 March 2026)

Permission to bring the claim out of time under s.4 of the Inheritance (Provision for Family and Dependants) Act 1975 is refused. The Claimant failed to demonstrate sufficient grounds for the exercise of the court's discretion: the delay was substantial and inadequately explained, the estate has been fully distributed, and the Claimant's case does not have a real prospect of success under the Act. The Berger v Berger factors, considered in the round, do not justify the grant of permission.

Citation
[2026] EWHC 505 (Ch)
Parties
Claimant: Mr Lonan Daniel O'Herlihy; First Defendant: Mrs Jennifer Mary Taylor; Second Defendant: Mr Keith Edward Upsdell
Jurisdiction
England and Wales
Judgment Date
09 March 2026
Procedural Posture
Inheritance Act Claim (part 8) / Judgment on Preliminary Issue: Permission to Bring Claim Out of Time Under S.4 Inheritance (provision for Family and Dependants) Act 1975
Outcome
Permission to bring claim out of time refused; claim dismissed as out of time.
Legal Topics
Extension of Time to Bring Claim, Reasonable Financial Provision, Standing Under Inheritance Act, Judicial Discretion in Time Limits
Probate Trusts and Estates Civil Procedure Extension of Time to Bring Claim Reasonable Financial Provision Standing Under Inheritance Act Judicial Discretion in Time Limits

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Parties

Mr Lonan Daniel O'Herlihy

Claimant

Mrs Jennifer Mary Taylor

First Defendant

Mr Keith Edward Upsdell

Second Defendant

Procedural Posture

Inheritance Act Claim (part 8) / Judgment on Preliminary Issue: Permission to Bring Claim Out of Time Under S.4 Inheritance (provision for Family and Dependants) Act 1975

Legal Issues

  1. 1 Whether the Claimant should be permitted to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 more than 6 months after the grant of probate
  2. 2 Whether the Claimant has an arguable case as a person treated as a child of the family under s.1(1)(d) of the Act
  3. 3 Whether the delay in bringing the claim is justified and whether the Berger v Berger factors support the grant of permission

Ratio Decidendi

Permission to bring the claim out of time under s.4 of the Inheritance (Provision for Family and Dependants) Act 1975 is refused. The Claimant failed to demonstrate sufficient grounds for the exercise of the court's discretion: the delay was substantial and inadequately explained, the estate has been fully distributed, and the Claimant's case does not have a real prospect of success under the Act. The Berger v Berger factors, considered in the round, do not justify the grant of permission.

Court Disposition

Permission to bring claim out of time refused; claim dismissed as out of time.

Orders

  • Claimant's application for permission under s.4 Inheritance (Provision for Family and Dependants) Act 1975 refused.
  • Claim dismissed as out of time.