Checking for claim under Inheritance (Provision for Family and Dependants) Act 1975

MonsterKraken

I'm executor of my late father's estate, which is now over 6 months past grant of probate.

I understand that claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within 6 months of grant of probate, but that service (to me as executor) of this claim can take place up to 4 months after that.

Is there any way to check whether a claim is in progress, which has not yet been served to me? Where are claims under the Act made? At the District Probate Registry which made the grant perhaps?

I ask because there is a genuine risk of a claim (from a friend of his who subsequently claimed their relationship was much more), rather than just for the sake of completeness.

Yorkshireman99

MonsterKraken wrote: »

I'm executor of my late father's estate, which is now over 6 months past grant of probate.

I understand that claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within 6 months of grant of probate, but that service (to me as executor) of this claim can take place up to 4 months after that.

Is there any way to check whether a claim is in progress, which has not yet been served to me? Where are claims under the Act made? At the District Probate Registry which made the grant perhaps?

I ask because there is a genuine risk of a claim (from a friend of his who subsequently claimed their relationship was much more), rather than just for the sake of completeness.

AFAIK there is no readily accessible source. Claims have to be made withing six months so AFAIK no claim can now be made. ANy claim is made in court and nothing to do with the probate rregistry

FreeBear

Yorkshireman99 wrote: »

AFAIK there is no readily accessible source. Claims have to be made withing six months so AFAIK no claim can now be made. ANy claim is made in court and nothing to do with the probate rregistry

Whilst it is true that there is a six month limit in bringing a claim under the Inheritance Act, it is possible to make a claim outside this limit. To do so requires the claimant to seek permission from the courts with a very good reason for the delay and also needs to show that he/she has a valid claim.

If the claimant has failed to follow ACTAPS guidance (a variation on Civil Procedure Rules) to date, then it is unlikely that there is sufficient grounds to seek permission to file a claim now. As an executor, you should have had a letter before action setting out the basis for a claim and probably some paperwork from the courts indicating a claim had been filed. If nothing has appeared in the post by now, then I'd suggest moving on with finalising the estate.