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If you think you may have been unfairly left out of a Will, time is not on your side. A recent High Court decision is a clear reminder that anyone considering an inheritance claim should act promptly.

What happened in this case (O’Herlihy v Taylor & Anor [2026] EWHC 505 (Ch)?

A man who had been raised as ‘a child of the family’ (though not a biological child) brought a claim against an estate worth more than £38 million. He claimed that the person who had died had financially supported him while he was growing up and had led him to believe he would one day inherit part of the estate. Despite this, he was left nothing in the Will.

The problem? He waited four and a half years before making his claim.

Under the Inheritance (Provision for Family and Dependants) Act 1975 claims must normally be made within six months of probate being granted. Miss that deadline, and you’ll need the court’s permission to proceed. In this case, the court refused to grant that permission. The judge found that, while the claimant had been treated as a family member in the past, that support had ended around seven years before the person died. By the time of the death, he was a financially independent adult. The judge concluded that there was no realistic chance of proving that the deceased still owed him any moral or financial responsibility requiring provision from the estate.  The court also found that the claimant had failed to provide a satisfactory explanation for the lengthy delay in bringing the claim.

What does this mean if you are thinking of making a claim?

This decision highlights two important points.

 Don’t delay. If you believe you have a claim, you need to act quickly. The longer you wait, the harder it becomes, and if you miss the six-month window, there’s no guarantee a court will give you a second chance, regardless of how large the estate is.

Historic family support or relationships alone is not enough. The court will look at the situation as it stood at the time of death. Past support or a close relationship earlier in life won’t automatically lead to a successful claim. What matters is whether the person who died still had a responsibility to provide for you, and whether you genuinely needed that provision.

What should you do next?

Whether you’re considering making a claim against an estate, or you’re an executor or beneficiary facing one, getting specialist legal advice as early as possible is essential. An experienced solicitor can help you understand whether you have a realistic claim, guide you through the process, and make sure you don’t miss any critical deadlines. Contact one of our team today to see how we can help.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.