How soon after getting probate can executors start distributing money

[morninglive]

My BIl is contesting the will of his late wife under reasonable financial provision, and beneficial interest in the family home.

He has a solicitor and has a strong case. We have put in a 'repeat search' to alert us to when probate is granted and will check monthly in case the search misses anything.

We will initially try informal mediation, then move on to formal mediation, and only as a last resort, (if the other beneficiaries and executors dig their heels in) issue court proceedings.

The solicitor says we have 6 months after probate is granted to mediate and settle out of court etc. However what's to stop the executors distributing funds and even selling the house in that 6 months?

I've heard of the executors year, but no idea what this means in practice.

If the executors distribute the estate knowing that there is a dispute, they can be held personally liable of the claim succeeds, so they will have to pay your BIL whatever the court awards.

The executor's year is the accepted time for the executors to get the information they need and check for debts and other claims before settling the estate. They cannot be forced to distribute the estate before the year is up but there is nothing to stop them from doing so.

@prh47bridge

If the executors distribute the estate knowing that there is a dispute, they can be held personally liable of the claim succeeds, so they will have to pay your BIL whatever the court awards.

The executor's year is the accepted time for the executors to get the information they need and check for debts and other claims before settling the estate. They cannot be forced to distribute the estate before the year is up but there is nothing to stop them from doing so.

Thank you. We really don't want to go to court and we will make them aware of the legal challenge which is in the pipeline and the possible consequences. Our solicitor is Irwin Mitchell and I don't believe they take prisoners. They have kindly advised us to do all we can to negotiate a mutually satisfactory settlement without having to go to the formal mediation stage, and save on legal fees.

Our only concern is the house but as probate is taking so long anyway we think we can get the financial evidence up together in good time, and achieve informal mediation following a solicitors letter setting out the case formally, which the executors would need to take to a good solicitor. We feel sure the executors will put the house on the market before they have probate, even though they can't sell it.

An alternative option is to register with Land Registry so you are notified of searches. propertyalert.landregistry.gov.uk/

I am not an expert but you may also be able to lodge an interest in the property. Check out the website www.gov.uk/government/organisations/land-registry

Have the executors and other beneficiaries indicated they are likely to dig their heels in?

As pp said executors may be held liable in the event the estate is distributed whilst a dispute is unresolved, but your approach may differ slightly depending on whether you expect a fight.

@Margaritatime It wouldn't accept my attempt to add the property in qustion to get property alerts. Not sure why. I don't think we can register an interest in the property as the person named on the deeds has passed away.

@PegasusReturns I think the main beneficiaries, who are also the executors, will do all they can to keep what they feel is theirs, but look to get probate and sell, but they are not reckless and I think they will come round to the idea of mediation. Its good to know our solicitor can frustrate any action they decide to take. They are clearly rushing to get probate underway in the hope my BIL won't seek legal advice, so we are keeping things as amicable as possible and will only get heavy if they are entirely unreasonable.

Sorry you have not been able to get property alerts. I managed to do this when a relative died so thought you should be able to.

@Margaritatime I've been able to set up a probate search so that we will be notified when probate is granted so that will give us a heads up when to intervene legally if necessary. Hopefully we will mediate a mutually agreeable solution.

That’s good news

Re Probate is taking so long? How long has the process been? Your solicitor should have advised if executors are aware of a dispute they can’t sell the property until it’s settled. Based on your other thread although your BIL has a solicitor your still gathering financial details for your claim as such you haven’t formally told the executors so you need to check with your solicitors on the timeline.

@Avidreader12

Re Probate is taking so long? How long has the process been? Your solicitor should have advised if executors are aware of a dispute they can’t sell the property until it’s settled. Based on your other thread although your BIL has a solicitor your still gathering financial details for your claim as such you haven’t formally told the executors so you need to check with your solicitors on the timeline.

The OP's BIL has plenty of time. He can make an Inheritance Act claim any time up to 6 months after probate is granted. As the executors haven't got probate yet the clock hasn't started ticking. And, as I said up thread, if the executors distribute the estate early they will be personally liable if the courts award the OP's BIL anything.

I was just trying to understand OP concern that the sale of the house would take place after probate was granted. The BIL currently resides in the house and executors are main beneficiaries I think the BIL wants to preserve a life interest in the property and defer the beneficiaries from gaining the majority share of the proceeds. In some cases solicitors can lodge something to delay probate.

The op has another thread where they said that the will left a small provision for her BIL but no right to reside. The BIL is the stepdad, and the deceased owned the house before the marriage and bequeathed it and most of the assets to her two adult dd, also making them the executors.

The BIL also apparently paid for some major alterations to house but can't yet prove that.

Isn’t this the person who was married to the deceased - and owner of the house - for only 10 years, and the deceased has left the house to her own children?

Yes, same op

Also on other thread OP said she didn’t want legal advice but this is posted in legal matters. I’m a bit confused.

It's generally best practice for executors not to distribute the estate until six months have passed from the Grant, in case an IPFDA claim is made. However in cases where the executors and residuary beneficiaries are the same people it's slightly academic, because for a claim is successful the executors aren't going to have to try and recover from third parties.