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FreeBear wrote: »
...The only option(s) left is to bring a claim under the Inheritance Act (very difficult and expensive) or apply pressure for an out of court settlement. Once six months has passed from the date probate was granted, they would be out of time to bring a court claim
orwen wrote: »
My solicitor received a confusing telephone call from my sibling's solicitor last week. He said he was 'collecting evidence' towards making a claim and requested my solicitor 'freeze the estate' or words to that effect. He also claimed he was in receipt of material from the solicitor who drew up my mother's will. I then phoned that solicitor who had no knowledge of the matter. My sibling's solicitor has not formally replied to the substantive letter sent to him in reply to his original to me, nor even acknowledged it. All we get is this phone call - mentioning a claim - but no clue as to the nature of a claim. This of course is mental torture for me in the new year.
My solicitor has now put a letter together asking my sibling's solicitor to deliver a formal, written claim if they wish to make a case, adding that there is nothing they can do in the absence of a formal claim. They also added that they have no power to freeze the estate - querying the need for this - and reminding their solicitor that I am the sole executor.
I understand that the time period for a claim under the Inheritance Act is six months, but I also notice that beneficiaries making a claim against an estate have up to 12 years in which to do so.
What exactly constitutes a beneficiary please? I know that I was included in the will as residuary beneficiary but I am now unsure of what my sibling's status actually is. They are due to inherit property mentioned in the will when the tenant of that property deceases.
orwen wrote: »
Almost picked up the phone to the opposing solicitor and said that myself. My solicitor has written to them demanding a formal claim in writing, if that is what is in the offing, they can't keep taunting us with a case if there is no case in the first place. If there is no movement by the end of this month I will start some movement - am now fed up by being bullied by my relatives through their inept solicitor. I've been subject to this war of nerves for nearly six months now. It is I who should be considering taking legal action for harassment - surely it is harassment if they fail to come up with a legitimate claim - they have had more than enough time to formulate a claim if there is one to be made?
orwen wrote: »
I understand that the time period for a claim under the Inheritance Act is six months, but I also notice that beneficiaries making a claim against an estate have up to 12 years in which to do so.http://www.probate.uk.com/how_long_contest_will.html[Warning]
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