Possible Inheritance Act Claim, how long to wait before distribution ?

Sevennotemode

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.

Yorkshireman99

Sevennotemode wrote: »

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.

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.

FreeBear

Sevennotemode wrote: »

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.

Yorkshireman99 wrote: »

AIUI any claim has to be made with six months of probate. If I am correct they are too late.

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 :rotfl:

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 ?

Yorkshireman99

I would add as a last resort refer the claimant to the case of Arkell v Pressdram and suggest they Google it.

Sevennotemode

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

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.