If the dispute cannot be resolved by negotiation or mediation, then it will be up to one of the parties to issue the appropriate form of Court proceedings. These proceedings usually take place in the High Court, based in London. They can also be heard in the local County Court.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 have to be issued at Court within six months of obtaining the Grant of Probate or Letters of Administration to the deceased person’s estate.
Claims for financial provision may often be concluded within less than a year. In some cases, however, an apparently perfectly straightforward issue can become much more complicated. This can greatly increase the length of time that the Court proceedings will take. We can advise you of the likely timescales once we have the facts.