This article analyses the legal profession's reaction to the
use of standstill agreements in 1975 Act claims following Cowan
v Foreman and Others.
The 1975 Act allows claims for financial provision out of the
estate of someone who died domiciled in England and Wales. Such a
claim should be made within six months from the date of the first
Grant. However, the Court has power to permit late claims.
Until recently it was common practice to enter into standstill
agreements with a view to exploring alternative dispute resolution
of the claim eg through mediation. But in February 2019 Mr Justice
Mostyn, in refusing to allow a widow's claim to proceed out of
time , insisted the practice come to an immediate end, damning it
as 'cock[ing] a snook at... Parliament...'.
