Sargeant v Sargeant & Anor

Sargeant v Sargeant & Anor

The claimant failed to establish a sufficient case for permission to bring the claim out of time. She was aware, or ought to have been aware, of her position and financial difficulties by at least 2011, and the delay in bringing the claim was due to her own decision to continue under the arrangements provided by the will. There was no concealment or misleading conduct by the trustees or Jane, and no supervening event outside her control. It would not be just to permit the claim after such extensive delay.

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
Probate/inheritance / Application for Permission to Bring Claim Out of Time Under Inheritance (provision for Family and Dependents) Act 1975
Outcome
Permission to bring claim out of time refused
Legal Topics
Out of Time Applications, Reasonable Financial Provision, Discretionary Trusts, Inheritance (provision for Family and Dependents) Act 1975
Succession Law Trusts and Estates Out of Time Applications Reasonable Financial Provision Discretionary Trusts Inheritance (provision for Family and Dependents) Act 1975

Case Brief

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Parties

Audrey Mary Sargeant

Claimant

Jane Louise Sargeant

First Defendant

Michael Arthur Thomson

Second Defendant

Procedural Posture

Probate/inheritance / Application for Permission to Bring Claim Out of Time Under Inheritance (provision for Family and Dependents) Act 1975

Legal Issues

  1. 1 Whether the claimant should be granted permission to bring a claim for financial provision from the estate out of time under section 2 of the Inheritance (Provision for Family and Dependents) Act 1975

Ratio Decidendi

The claimant failed to establish a sufficient case for permission to bring the claim out of time. She was aware, or ought to have been aware, of her position and financial difficulties by at least 2011, and the delay in bringing the claim was due to her own decision to continue under the arrangements provided by the will. There was no concealment or misleading conduct by the trustees or Jane, and no supervening event outside her control. It would not be just to permit the claim after such extensive delay.

Court Disposition

Permission to bring claim out of time refused