Hendry v Hendry & Ors [2019] EWHC 1976 (Ch) (27 June 2019)

Hendry v Hendry & Ors [2019] EWHC 1976 (Ch) (27 June 2019)

Permission to bring the claim out of time was refused because the claimant failed to provide a sufficient explanation for the delay, did not act promptly, and did not facilitate meaningful negotiations. The time limit is substantive, and the claimant has alternative remedies against her solicitors. The court was not satisfied that sufficient grounds were shown to justify granting permission under s.4 of the Act.

Citation
[2019] EWHC 1976 (Ch)
Parties
Claimant: Rosita Hendry; First Defendant: Michael Hendry; Second Defendant: Dorothy Pertiwi; Third Defendant (executor): Irwin Mitchell Trustees Limited
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Inheritance Act Claim (part 8) / Application for 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.
Legal Topics
Inheritance Act 1975, Out of Time Applications, Reasonable Financial Provision, Pre Nuptial Agreements, Judicial Discretion in Time Limits
Probate Trusts and Estates Family Law Inheritance Act 1975 Out of Time Applications Reasonable Financial Provision Pre Nuptial Agreements Judicial Discretion in Time Limits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Rosita Hendry

Claimant

Michael Hendry

First Defendant

Dorothy Pertiwi

Second Defendant

Irwin Mitchell Trustees Limited

Third Defendant (executor)

Procedural Posture

Inheritance Act Claim (part 8) / Application for 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 granted permission to bring a claim for reasonable financial provision out of time under s.4 of the Inheritance (Provision for Family and Dependants) Act 1975

Ratio Decidendi

Permission to bring the claim out of time was refused because the claimant failed to provide a sufficient explanation for the delay, did not act promptly, and did not facilitate meaningful negotiations. The time limit is substantive, and the claimant has alternative remedies against her solicitors. The court was not satisfied that sufficient grounds were shown to justify granting permission under s.4 of the Act.

Court Disposition

Permission to bring claim out of time refused.

Orders

  • Application for permission under s.4 Inheritance (Provision for Family and Dependants) Act 1975 dismissed.