A v C & Anor [2009] NICh 10 (16 November 2009)

A v C & Anor [2009] NICh 10 (16 November 2009)

Application for extension of time refused for A due to lack of asserted claim, delay, absence of need or dependence, and prejudice to estate; permission granted for AD as a minor whose claim was notified and who cannot be blamed for delay.

Citation
[2009] NICh 10
Parties
Applicant: A; Respondent: C; Minor Beneficiary: AD
Jurisdiction
Northern Ireland
Judgment Date
16 November 2009
Procedural Posture
Application Under Inheritance (provision for Family and Dependants) (northern Ireland) Order 1979 / Application for Extension of Time
Outcome
Application for extension of time refused for A; permission granted for A to proceed on behalf of AD.
Legal Topics
Extension of Time, Inheritance Provision, Dependant Claims
Probate Family Law Extension of Time Inheritance Provision Dependant Claims

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Parties

A

Applicant

C

Respondent

AD

Minor Beneficiary

Procedural Posture

Application Under Inheritance (provision for Family and Dependants) (northern Ireland) Order 1979 / Application for Extension of Time

Legal Issues

  1. 1 Should time be extended for A to bring a claim under the Inheritance Order?
  2. 2 Is AD entitled to proceed with a claim as a minor dependant?

Ratio Decidendi

Application for extension of time refused for A due to lack of asserted claim, delay, absence of need or dependence, and prejudice to estate; permission granted for AD as a minor whose claim was notified and who cannot be blamed for delay.

Court Disposition

Application for extension of time refused for A; permission granted for A to proceed on behalf of AD.

Orders

  • A's application for extension of time refused.
  • Permission granted for A to proceed on behalf of AD under Article 6.