JULIE DAWN COLBOURNE v SIMON MARK COOKE & Ors

JULIE DAWN COLBOURNE v SIMON MARK COOKE & Ors

The court has jurisdiction to consider the application for permission to bring an Inheritance Act claim out of time even though the claim form has not yet been issued. The applicant acted promptly once the error was discovered, the estate has not been distributed, and the applicant has an arguable case. The interests of justice require permission to be granted.

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
Probate / Inheritance Act Application / Application for Permission to Bring Inheritance Act 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, Probate, Discretion of the Court, Limitation Period
Succession Law Civil Procedure Extension of Time Inheritance (provision for Family and Dependants) Act 1975 Probate Discretion of the Court Limitation Period

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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

Probate / Inheritance Act Application / Application for Permission to Bring Inheritance Act 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 the application for permission to bring an Inheritance Act claim out of time even though the claim form has not yet been issued. The applicant acted promptly once the error was discovered, the estate has not been distributed, and the applicant has an arguable case. The interests of justice require permission to 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.