The son is one of three children, and he has only just found out that his mother died some ten

years ago.

He then found that the family home was sold, and has seen a Will leaving everything to his

two sisters and nothing to him.

He wanted to know whether he could bring a late claim to contest the Will.

Under the laws in the State in which he lived, he would need to bring a claim within six

months of the date of probate, which would mean that any claim made today would be some

five years late, as Probate was granted five years after her death.

It is possible for a person to make an application to the Court that they be permitted to make

the claim late, and the Court may agree in certain circumstances.

He claims that he did not know that his mother died and only just found out, and that his

sisters had hidden this from him.

However, he had not seen the mother for some 30 years, and he cut contact many years ago

as a deliberate act. Furthermore he was well off, and has no real financial need.

In any application to the Court for permission to make a late application the Court will

enquire as to the strength of the claim. Unless the Applicant has, on the face of it, a

reasonable claim, the Court would be reluctant to give their consent.

In view of the fact that he has actively cut his mother out of his life for some 40 years, and

has no financial need, the Court may declare that he does not have a strong claim, and may

not grant him consent to apply to bring a claim late.

00683.6/CQ/BLU/20165281/C/C/XXX/29/02/2016/MAC/LA/?