header-logo header-logo

Clarification on standstill agreements

23 September 2019 / Paul Hewitt , Sarah Aughwane
Issue: 7857 / Categories: Features , Wills & Probate
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll