Importance of the Register

G6JNS

6022tivo wrote: »

He hasn't, but knowing how he works, it would not surprise me if he made up a document that is 30 years old that says the deceased lent £20,000k to be paid upon death,

He is that warped...

So I assume he may not know of the death?

6022tivo

G6JNS wrote: »

So I assume he may not know of the death?

Correct, as far as I know.

Ames

Surely the fact that there's someone out there who could turn up in years to come is even more reason to place the ad? You do realise that you would be personally liable for anything that he was entitled to and didn't get?

6022tivo

Ames wrote: »

Surely the fact that there's someone out there who could turn up in years to come is even more reason to place the ad? You do realise that you would be personally liable for anything that he was entitled to and didn't get?

He is not entitled to anything. The deceased last will (Dated around 15 years ago) omits his from the any of the estate, he was horrible to the deceased and if he did end up with anything, I would never forgive myself for not acting out the deceased wishes correctly.

konark

The notice in the London Gazette only stops claims against the executor, any unsatisfied creditor could still take action against the beneficiaries. Nor does the notice protect the executor from claims of maladministration or the estate from claims similar to the one in the news this week where someone who was excluded from a will effectively changed the will by going to court.

getmore4less

What is the relationship between the two?

Is it likely they are scanning the register for family members?

There is a limit for the claims and the notice removes the I did not know they had died claim.

6022tivo

getmore4less wrote: »

What is the relationship between the two?

Is it likely they are scanning the register for family members?

There is a limit for the claims and the notice removes the I did not know they had died claim.

Mother and Son.

No, not likely, but I want to follow the process, but don't really see the point of the register bit as I know the finances in and out.

They would not have a claim on the estate for a debt, but would challenge the will for the sake of it if they could get legal aid for that.

wwl

AIUI there are only very limited grounds for challenging a will - seems improbable that anyone could get legal aid to do it.
And as the will appoints executors, if the will is challenged, how would executors have any liability, as presumably if the will is invalid, they aren't executors any more?

FreeBear

konark wrote: »

Nor does the notice protect the executor from claims of maladministration or the estate from claims similar to the one in the news this week where someone who was excluded from a will effectively changed the will by going to court.

If you are referring to the last instalment of the Ilott V Mitson case, that one had been rumbling since the death in 2004 and first went to high court in 2007. It should not be relied upon as a definitive ruling, indeed, another case (Wright V Waters & Anor) last year went the other way.

6022tivo wrote: »

They would not have a claim on the estate for a debt, but would challenge the will for the sake of it if they could get legal aid for that.

legal aid is not available for contentious probate, and whilst there are some no win, no fee solicitors out there who advertise their services, there is still a substantial up-front cost involved. If you can show that the mother's reasons for excluding the son were justified, it makes a claim even more unlikely to succeed.

I'm facing a similar situation myself and have done some research on the matter. Post the notice in the Gazette just to cover your back, and once the six months are up, the son has no real prospect of bringing a challenge - His first step would be to convince a judge that he had good reason for bringing a case out of time, and that wouldn't be cheap (£15K or more). Then an additional £25K+ for a preliminary hearing plus your costs when his claim (probably) fails.