A claimant relying on a standstill agreement in 1975 Act claims does take a risk, but one that will almost certainly be worth taking in future, as Paul Hewitt & Sarah Aughwane explain
Under the Inheritance (Provision for Family and Dependants) Act 1975 (the '1975 Act'), claims started more than six months after the grant of probate need the court's permission to proceed.
That is sometimes referred to as a 'limitation period'. But it is a different creature. With a 1975 Act claim, the court always retains discretion as to whether or not to permit a claim to proceed out of time.
Nevertheless, it is common practice among solicitors dealing with 1975 Act claims to borrow the concept of standstill agreements from limitation cases.
That practice has been closely scrutinised, and now clearly approved by the Court of Appeal in Cowan v Foreman [2019] EWCA Civ 1336, [2019] All ER (D) 31 (Aug).
Facts
Michael Cowan, a businessman credited with bringing the black bin liner to the UK, met Mary (who lived in California) in a Caribbean airport
