The High Court’s decision in O’Herlihy v Taylor and another [2026] EWHC 505 (Ch), made in March of this year, is a reminder that claims under the Inheritance (Provision for Family and Dependants) Act 1975 are subject to strict time limits.
Lonan O’Herlihy, a celebrity personal trainer and former Made in Chelsea star, sought permission to bring a claim against the Estate of the late Hugh Ian Taylor more than four years after the statutory deadline had expired. Under Mr Taylor’s Will, most of his £38.5 million Estate passed to his widow, with no provision for the claimant. Permission was refused.
The importance of acting promptly
Most 1975 Act claims must be brought within six months of the grant of probate. Probate was granted on 1 November 2019, so the deadline expired on 1 May 2020. Proceedings were not issued until 14 October 2024.
The court found significant and largely unexplained periods of inactivity. Although the claimant had instructed solicitors and explored possible claims, he had not acted promptly once aware of the claim and the expired limitation period. The court was also not persuaded that lack of funding justified the delay, noting that alternative funding could have been explored earlier.
Prospects of success
When deciding whether to allow an out-of-time claim, the court will often consider whether the claim has a realistic prospect of success.
The claimant argued that the deceased had treated him as a child of the family and provided emotional and financial support. However, the court noted there had been no contact or financial support between them from around 2012 until the deceased’s death in 2019. The judge found no real prospect of establishing that the deceased owed the claimant obligations or responsibilities at the date of death.
The court also found that the claimant’s earning capacity was sufficient to meet his maintenance needs.
The court’s approach
The court applied the principles in Berger v Berger [2013] EWCA Civ 1305, together with later guidance from Cowan v Foreman & Ors [2019] EWHC 349 (Fam). Relevant factors included the reasons for delay, promptness, negotiations, distribution of the Estate, prejudice and the strength of the claim.
Several factors weighed against the claimant. The Estate had already been fully distributed before the claim was notified, and Mr Taylor’s widow would be prejudiced if required to return assets she had received and enjoyed.
Even if the claimant had shown a realistic prospect of success, the judge held that the Berger factors would still have justified refusing permission because of the delay and prejudice to the Estate and main beneficiary.
What this means for claimants and beneficiaries
The decision reinforces that the court’s discretion to permit late 1975 Act claims will be exercised cautiously. Potential claimants should seek advice promptly, while executors and beneficiaries can take reassurance that substantial delay, particularly where an Estate has already been administered, may weigh heavily against permission to proceed.
How we can help
Howes Percival’s expert Contentious Trusts and Probate Team has extensive experience in dealing with claims under the Inheritance (Provision for Family and Dependants) Act 1975 and are on hand to answer any questions you may have. Please contact a member of the Team.
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