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Inheritance (Provision for Family and Dependants) Act 1975 — SQE1 Wills question

A worked single-best-answer question on inheritance (provision for family and dependants) act 1975, with why each wrong option is wrong — the way SQE1 traps candidates.

Inheritance (Provision for Family and Dependants) Act 1975

Zara's father died in January 2026, leaving his whole estate to a charity. Zara, aged 35, has a disability and was partly supported financially by her father during his lifetime. Probate was granted to the executors on 1 April 2026. Zara first consults a solicitor on 20 October 2026 about bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The estate has not yet been distributed.

Which of the following best describes Zara's position on time?

  1. AHer claim is in time, because she has twelve months from the date of her father's death.
  2. BHer claim is in time, because the time limit runs only from the date the estate is fully distributed.
  3. CHer claim is absolutely barred, because more than six months have passed since the grant of probate.
  4. DHer claim is in time, because there is no time limit for a claim by a child of the deceased.
  5. EShe is out of time and must ask the court for permission to bring her claim.
Show answer and reasoning
E is the best answer. Under s 4 of the 1975 Act an application must be made within six months from the date on which representation was first taken out, unless the court gives permission for a later application. The six months expired on 1 October 2026, so Zara needs the court's permission; the fact that the estate is undistributed is a relevant factor in favour of granting it.

Rule: A claim under the 1975 Act must be made within six months from the date of the first grant of representation, unless the court permits a later claim.

  • A The period runs from the grant of representation, not from death, and is six months. (wrong rule)
  • B The period runs from the first grant, not from distribution. (wrong rule)
  • C The court has a discretion to permit a late claim; the bar is not absolute. (wrong rule)
  • D The six-month limit applies to every category of applicant, including children. (wrong rule)

Source: Inheritance (Provision for Family and Dependants) Act 1975, s 4

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