Specialist wills and probate senior associate solicitor, Claire Brierley, has successfully defended a Claimant’s application to extend a stay for a further 6 months on behalf of her client in an Inheritance (Provision for Family & Dependants) Act 1975 claim.

HOW DID JMW HELP?

JMW’s client is the widow of the deceased and defendant to the deceased’s son’s 1975 Act claim for reasonable provision from the estate. Despite issuing a Part 8 claim over 6 months ago, particulars of the claim have been limited with no supporting documents provided to date – contrary to the requirements of Part 8 claims.

The Claimant claimed that due to medical reasons he required a further stay in proceedings (an earlier stay of 3 months had already been agreed and expired), although he wouldn’t provide details of his medical condition or indeed when he would be in a position to deal with his claim.

The judge, made reference to the fact that our client, who is grieving the loss of her husband, currently has an unknown claim hanging over her with no indication as to when details may be provided or when it may be resolved. As such he made an order that in the event the Claimant did not provide the necessary details of the claim by a set date, his claim would automatically be struck out without further order. A further award for costs was made in JMW’s client’s favour.

THE OUTCOME

Claire Brierley said: “whilst it remains to be seen if this claim will be struck out – this case highlights the importance for all parties to proceedings, particularly claimants to understand and be aware of the specific requirements of the claim they intend to pursue from the outset. The Claimant in this case has had a costs award against him before even setting out the basis of his claim."