Lonan Daniel O'Herlihy v Jennifer Mary Taylor & Anor

Lonan Daniel O'Herlihy v Jennifer Mary Taylor & Anor

The Claimant has no real prospect of success on the substantive claim for reasonable financial provision under the 1975 Act, as he is capable of earning sufficient income for his maintenance, and the deceased had no obligations or responsibilities to him at death. The court's discretion under s.4 should not be exercised to extend time, given the lack of promptness, absence of negotiations within the time limit, estate distribution, and prejudice to the First Defendant. Even if the Claimant had a real prospect of success, the Berger factors and all circumstances weigh against granting permission.

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
03 September 2026
Procedural Posture
Part 8 Claim Form / Judgment on Preliminary Issue
Outcome
Permission to bring the claim out of time under s.4 of the Inheritance (Provision for Family and Dependants) Act 1975 is refused.
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Extension of Time for Claims, Reasonable Financial Provision, Standing Under S.1(1)(d), Discretion Under S.4, Maintenance Claims, Distribution of Estate, Delay and Prejudice
Succession Law Civil Procedure Inheritance (provision for Family and Dependants) Act 1975 Extension of Time for Claims Reasonable Financial Provision Standing Under S.1(1)(d) Discretion Under S.4 Maintenance Claims +2 more

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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

Part 8 Claim Form / Judgment on Preliminary Issue

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 a real prospect of success on the substantive claim for reasonable financial provision
  3. 3 Whether the court should exercise discretion under s.4 to extend time

Ratio Decidendi

The Claimant has no real prospect of success on the substantive claim for reasonable financial provision under the 1975 Act, as he is capable of earning sufficient income for his maintenance, and the deceased had no obligations or responsibilities to him at death. The court's discretion under s.4 should not be exercised to extend time, given the lack of promptness, absence of negotiations within the time limit, estate distribution, and prejudice to the First Defendant. Even if the Claimant had a real prospect of success, the Berger factors and all circumstances weigh against granting permission.

Court Disposition

Permission to bring the claim out of time under s.4 of the Inheritance (Provision for Family and Dependants) Act 1975 is refused.

Orders

  • Claim dismissed as out of time under s.4 of the 1975 Act.
  • No permission granted to proceed with substantive claim.