Colbourne v Cooke & Ors (Re Estate of Barbara Collier-White) [2022] EWHC 3029 (Ch) (25 November 2022)

Colbourne v Cooke & Ors (Re Estate of Barbara Collier-White) [2022] EWHC 3029 (Ch) (25 November 2022)

The court has jurisdiction to consider an application for permission to bring an Inheritance Act claim out of time even if the claim form has not yet been issued, as there is no legal authority prohibiting this procedure. The applicant acted promptly once the error was discovered, the estate has not been distributed, the delay was not her fault, and she has an arguable case. The interests of justice require that permission be granted.

Citation
[2022] EWHC 3029 (Ch)
Parties
Applicant: Julie Dawn Colbourne; 1st Respondent (executor): Simon Mark Cooke; 2nd Respondent (executor): Alan John Morris; 3rd Respondent (residuary Beneficiary): Tracey Jayne Collier-White
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Inheritance Act Claim (application for Extension of Time) / Application for Permission to Bring Claim Out of Time
Outcome
Permission granted to bring Inheritance Act claim out of time.
Legal Topics
Extension of Time, Inheritance (provision for Family and Dependants) Act 1975, Grant of Probate, Limitation Period, Judicial Discretion
Probate Family Law Civil Procedure Extension of Time Inheritance (provision for Family and Dependants) Act 1975 Grant of Probate Limitation Period Judicial Discretion

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Parties

Julie Dawn Colbourne

Applicant

Simon Mark Cooke

1st Respondent (executor)

Alan John Morris

2nd Respondent (executor)

Tracey Jayne Collier-White

3rd Respondent (residuary Beneficiary)

Procedural Posture

Inheritance Act Claim (application for Extension of Time) / Application for Permission to Bring Claim Out of Time

Legal Issues

  1. 1 Whether the court has jurisdiction to grant permission to bring an Inheritance Act claim out of time when the claim form has not yet been issued
  2. 2 Whether the applicant should be granted permission to bring the claim out of time under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975

Ratio Decidendi

The court has jurisdiction to consider an application for permission to bring an Inheritance Act claim out of time even if the claim form has not yet been issued, as there is no legal authority prohibiting this procedure. The applicant acted promptly once the error was discovered, the estate has not been distributed, the delay was not her fault, and she has an arguable case. The interests of justice require that permission be granted.

Court Disposition

Permission granted to bring Inheritance Act claim out of time.

Orders

  • Permission is granted to the applicant to bring her claim under the Inheritance (Provision for Family and Dependants) Act 1975 out of time.