Sargeant v Sargeant & Anor [2018] EWHC 8 (Ch) (09 January 2018)

Sargeant v Sargeant & Anor [2018] EWHC 8 (Ch) (09 January 2018)

The claimant failed to demonstrate that it is right and just to permit the claim to proceed outside the statutory time limit; she was aware of her financial position and the arrangements under the will from at least 2011, and the delay was caused by her own decisions rather than any concealment or external event.

Source-derived case information.

Citation
[2018] EWHC 8 (Ch)
Parties
Claimant: Audrey Mary Sargeant; First Defendant: Jane Louise Sargeant; Second Defendant: Michael Arthur Thomson
Jurisdiction
England and Wales
Judgment Date
09 January 2018
Procedural Posture
Inheritance Act Claim / Application for Permission to Bring Claim Out of Time
Outcome
Permission to bring claim out of time refused
Legal Topics
Inheritance (provision for Family and Dependents) Act 1975, Discretionary Trusts, Delay in Bringing Claim, Reasonable Financial Provision
Probate Family Law Trusts Inheritance (provision for Family and Dependents) Act 1975 Discretionary Trusts Delay in Bringing Claim Reasonable Financial Provision

Source-derived case record

Summary, issues, holding and outcome

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Parties

Audrey Mary Sargeant

Claimant

Jane Louise Sargeant

First Defendant

Michael Arthur Thomson

Second Defendant

Procedural Posture

Inheritance Act Claim / Application for Permission to Bring Claim Out of Time

Legal Issues

  1. 1 Whether permission should be granted to bring a claim under the Inheritance (Provision for Family and Dependents) Act 1975 outside the statutory time limit
  2. 2 Whether the claimant was unaware of her rights and financial position
  3. 3 Whether the estate assets have been distributed

Ratio Decidendi

The claimant failed to demonstrate that it is right and just to permit the claim to proceed outside the statutory time limit; she was aware of her financial position and the arrangements under the will from at least 2011, and the delay was caused by her own decisions rather than any concealment or external event.

Court Disposition

Permission to bring claim out of time refused