How long do I have to bring a claim?
Anybody who wishes to make a claim for provision under the 1975 Act must be issue their claim at court within 6 months of the Grant of Probate being issued in the deceased’s estate.
This does mean that it is quite important to act quickly if you believe that you may wish to bring a claim under the 1975 Act against an estate. Whilst it is possible to make an application for financial provision more than 6 months after the issue of the Grant of Probate, the court would need to be satisfied with the reasons which are provided for the delay.
Related FAQs
Dogs and other pets are often seen as a much loved member of the family but sadly when it comes to divorce, in the eyes of the law a pet falls into the same category as a TV or a toaster as nothing more than a person’s personal property. As such the court is likely to be more interested in who owns the dog by considering factors such as:
- who paid for the dog (ideally backed up with receipts)
- who is registered at the vet
- who is listed on the microchip database, and
- who is the provider of key supplies and food
This person is more likely to have a successful claim over the dog, even if the other party has a better emotional attachment and spent more time looking after the dog.
If it is unclear who owns the dog, a sympathetic judge may consider who is best placed to look after the dog but parties should be prepared for a fairly rough and ready decision. The court is often reluctant to deal with disputes such as pet ownership as it is more concerned with the bigger picture such as arrangements for the children and the overall financial division. It is therefore far preferable for the parties to reach an agreement themselves, perhaps with the assistance of mediation.
Read our recent article to find out more.
The guidance asks parties to act responsibly and fairly in performing and enforcing contracts. They are encouraged to act in a spirit of cooperation to achieve practical, just and equitable outcomes. In essence, rather than sticking strictly to the contract as agreed, they are encouraged to give each other leeway to deliver performance differently than they are required to do under the contract.
We recommend that ongoing support is provided to all MHFA’s beyond completion of the MHFA training. It is necessary to do refresher training (approx. every 3 years) and ideally ongoing ‘continued professional development’ should be provided as well as regular opportunities for debriefing / seeking support. One way of supporting your MHFAs in the workplace is by creating a buddy system amongst the MHFAs. That way the individuals carrying out the role of MHFAs have a support structure in place amongst themselves. All trained MHFAs can also reach out to management to discuss any concerns they have or to seek any further support they need.
You will need to keep a copy of the written agreement for a period of 5 years. If the hours of work change from that which you initially agree, you are likely to need something new in writing to cover each separate arrangement.
You should also keep records of how many hours your employees work and how many hours they are furloughed (i.e. not working). You must keep these records for 6 years, together with a record of the amount claimed, your claim reference number and your calculations.
Arrangements for end point assessments can be modified or rescheduled. End point assessment organisations should engage with External Quality Assurance Providers to agree arrangements for the end point assessments where face-to-face assessments are being modified. Where rescheduling is required due to Covid-19 issues and there is a specified time limit for the ESA post gateway, a further pause of 12 weeks is allowable. This should be recorded by the training provider in the ILR.