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Review Your SQE 1 Practice Records

Examination Timing: 00H01M00S

Mr. Adams died ten months ago domiciled in England and Wales. A grant of representation to his estate was issued seven months ago. By his will, Mr. Adams left all of his estate to his favourite charity. His widow, Mrs. Adams, is considering whether to bring a claim against his estate under the Inheritance (Provision for Family and Dependants) Act 1975 ('the Act'). There are no circumstances in which a court would give permission for a late application to be made under the Act. Which of the following statements best explains whether the widow is able to bring a claim under the Act?

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Under the Inheritance (Provision for Family and Dependants) Act 1975, any claim must be made within six months from the date of the grant of representation. Since the grant was issued seven months ago, Mrs. Adams is outside the six-month time limit for making a claim. The strict timeframe under the Act means that even though Mr. Adams died less than a year ago, the claim period is determined by the date of the grant of representation, not the date of death. Therefore, Mrs. Adams is not able to bring a claim. 

Key Point: The Inheritance (Provision for Family and Dependants) Act 1975 stipulates a six-month timeframe from the date of the grant of representation for making a claim. It is crucial to adhere to this period, as the courts generally do not allow late applications except in exceptional circumstances, which do not apply here.

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