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  • FIRST POST
    • Sevennotemode
    • By Sevennotemode 20th Mar 17, 2:55 PM
    • 34Posts
    • 16Thanks
    Sevennotemode
    Possible Inheritance Act Claim, how long to wait before distribution ?
    • #1
    • 20th Mar 17, 2:55 PM
    Possible Inheritance Act Claim, how long to wait before distribution ? 20th Mar 17 at 2:55 PM
    Mam died,I am sole executor,will probated more than 6 months ago.

    Had a very threatening letter from siblings' solicitor.

    Solicitor threatened inheritance act claim,undue influence, unsound mind, poor executor's communications,me having to pay their legal fees etc,etc - all total lies.

    I have not taken the bait and have totally ignored his letter and not fallen for his trap.

    I am sure they have just paid for a solicitor's letter to try and frighten me.

    My question is : How long do they have before they must formally serve notice of proceedings ?

    I don't want to be in a position where I distribute the estate when I am unaware of the existence of a claim until it is actually served.

    Thanks in advance.
Page 1
    • Yorkshireman99
    • By Yorkshireman99 20th Mar 17, 3:07 PM
    • 3,173 Posts
    • 2,497 Thanks
    Yorkshireman99
    • #2
    • 20th Mar 17, 3:07 PM
    • #2
    • 20th Mar 17, 3:07 PM
    Mam died,I am sole executor,will probated more than 6 months ago.

    Had a very threatening letter from siblings' solicitor.

    Solicitor threatened inheritance act claim,undue influence, unsound mind, poor executor's communications,me having to pay their legal fees etc,etc - all total lies.

    I have not taken the bait and have totally ignored his letter and not fallen for his trap.

    I am sure they have just paid for a solicitor's letter to try and frighten me.

    My question is : How long do they have before they must formally serve notice of proceedings ?

    I don't want to be in a position where I distribute the estate when I am unaware of the existence of a claim until it is actually served.

    Thanks in advance.
    Originally posted by Sevennotemode
    AIUI any claim has to be made with six months of probate. If I am correct they are too late. Did you publsih the statutory notices? The following link may be of help.

    http://www.cartmells.co.uk/time-limits-in-inheritance-act-claims/

    It might be worth sending a polite reply just stating that it is out of time. That way they can't say you have ignored them.
    Last edited by Yorkshireman99; 20-03-2017 at 3:24 PM.
    • FreeBear
    • By FreeBear 20th Mar 17, 11:54 PM
    • 1,310 Posts
    • 1,861 Thanks
    FreeBear
    • #3
    • 20th Mar 17, 11:54 PM
    • #3
    • 20th Mar 17, 11:54 PM
    Solicitor threatened inheritance act claim,undue influence, unsound mind, poor executor's communications,me having to pay their legal fees etc,etc - all total lies.
    Originally posted by Sevennotemode
    AIUI any claim has to be made with six months of probate. If I am correct they are too late.
    Originally posted by Yorkshireman99
    Undue influence and unsound mind would be grounds for contesting the validity of the will - This needs to be done before probate is granted.

    A claim under the Inheritance Act (as Yorkshireman99 has stated) needs to be made within six months of probate being granted. However, a claim could be made out of time, but only with the permission of the High Court (expensive).

    Poor executors communications is not a crime, nor can they seek civil redress.

    You have one of three options -
    1. Ignore.
    2. A single, polite response sticking a finger up at them.
    3. Play letter tennis and run up his legal bill - The sol will charge for each letter sent and every reply received.

    Had a similar situation when I did probate and had a letter demanding a copy of the will. Told them where they could get a copy and provided them with the PA1s form (the metaphorical finger). Over the next ten months or so, bounced a few more letters off the sols and it culminated in a very derogatory Xmas card - Guess the bill hit where it hurt most

    Bottom line - If you were going to get an I(PFD)A claim, it would have turned up months ago. If you want to read up on the procedures, the ACTAPS guidance code should provide a starting point.

    Did I mention that any claim is hideously expensive and falls outside of legal aid ?
    Last edited by FreeBear; 20-03-2017 at 11:58 PM.
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
    • Yorkshireman99
    • By Yorkshireman99 21st Mar 17, 3:24 AM
    • 3,173 Posts
    • 2,497 Thanks
    Yorkshireman99
    • #4
    • 21st Mar 17, 3:24 AM
    • #4
    • 21st Mar 17, 3:24 AM
    I would add as a last resort refer the claimant to the case of Arkell v Pressdram and suggest they Google it.
    • Sevennotemode
    • By Sevennotemode 21st Mar 17, 10:45 AM
    • 34 Posts
    • 16 Thanks
    Sevennotemode
    • #5
    • 21st Mar 17, 10:45 AM
    FreeBear and Yorkshireman thanks very much
    • #5
    • 21st Mar 17, 10:45 AM
    for your reassuring words.

    It is quite amazing when siblings show zero interest in parents when they are alive but suddenly show a lot of interest in their estate when dead. Quite despicable bahaviour.

    Thanks again.
    • Yorkshireman99
    • By Yorkshireman99 21st Mar 17, 11:39 AM
    • 3,173 Posts
    • 2,497 Thanks
    Yorkshireman99
    • #6
    • 21st Mar 17, 11:39 AM
    • #6
    • 21st Mar 17, 11:39 AM
    You are very welcome. From postings on this forum the saying "Where there is a will there is a greedy relative" is still true. Please let us know the outcome.
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