Grant of probate

[Spring3578742458754]

Hi all, I was wondering if anyone could please provide some advice regarding probate.

I will keep this as straightforward as possible. Mr has passed away and everything has been left to Mrs, with everything then passing to the children from their marriage on second death. Both wills were written in the same way. No step children or previous marriages. Mrs is the executor.

Grant of probate has been obtained and assets have now been put in Mrs’ name.

However, it has just come to light that she may have needed to have waited a minimum of 6 months after the grant of probate was issued before distributing the estate. Is this correct? What are the consequences that this has not been done?

TIA!

If everything was left to Mrs, who is she distributing it to?

Thanks for your quick reply. I meant distributing to herself, so for example getting investments put in her name.

Claimants have 6 months after probate has been granted if they are going to contest. Unless the children are going to make a claim it's not going to be a problem.
It's not a legal requirement its just easier if a successful claim is made and the assets haven't been already distributed.

Thank you very much! So is it only the children of the marriage who are named in the will that could contest it (the wouldn’t), and not for example a random person?

And she hasn’t done anything wrong legally by putting the assets in her name before the 6 months?

No, she hasn't done anything wrong legally. At worst, she may now be personally liable for any debts that emerge that haven't been paid from the estate. However, as she is the sole beneficiary, this makes no difference in practical terms.