The High Court has granted permission to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA 1975) – despite it being issued some 25 years and nine months after the deadline for doing so.

The IPFDA 1975 limits parties to six months for bringing claims under the Act, but Chief Master Marsh said the claimant in Bhusate v Patel & Ors had demonstrated “compelling reasons” why it was right and proper that the court should exercise its discretion in her favour.

While the delay in making the claim was unprecedented, the judgment is also noteworthy for the Master appearing to dispute the reasoning of a High Court judge who considered another out-of-time application under section 4 of the IPFDA 1975 last month.