Inheritance Act Claim

[VerityUnreasonble]

I'd really appreciate a bit of advice if anyone works in this area or just understands the processes.

I'm administrator for an estate. The partner of the person who died didn't inherit anything, nor would they have been left anything if there was a will. They are indpendently wealthy, the total estate is quite small and doesn't involve their home.

They told me approximately 8 months ago they believed they might be entitled to make an inheritance act claim. Around 1.5 months ago they said via text they were "putting me on notice" they would be making a claim. I've discussed it with a solicitor who basically says a claim would have no merit.

It has now been over 6 months since probate was granted. I've not had any sort of official communication regarding a claim. I've had no solicitors letters, no sort of pre-action stuff.

I'm not worried about distributing the estate. The beneficiaries are understanding and happy to wait another 4 months to see if any court papers are actually served. I'm just wondering what the liklihood of that actually happening at this point is?

Would pre-action things normally occur before the claimant took their claim to court or could it happen within this 4 month period of them having possibly been to court and serving papers? Obviously, it's possible they have not bothered with any pre-action and gone directly to court. I'm just trying to understand what order things would normally be done in?

[prh47bridge]

As it is over 6 months since probate was granted, it is now too late for them to take action. They would need the court's permission to start action now. In this situation, it is highly unlikely they would get permission.

They can't go to court without serving you, as executor, with the necessary papers.

[VerityUnreasonble]

@prh47bridge

As it is over 6 months since probate was granted, it is now too late for them to take action. They would need the court's permission to start action now. In this situation, it is highly unlikely they would get permission.

They can't go to court without serving you, as executor, with the necessary papers.

So they would have had to send me at least something before they went to court?

They can't have gone to court without sending me anything (say 3 weeks ago), and then serve me the papers? I thought they could go to court and then had 4 months to serve the papers? But I am very confused about the whole thing!

[VerityUnreasonble]

Sorry if I'm sounding very stupid.

[prh47bridge]

No, this is not a case where they can get an ex parte hearing, i.e. a hearing without you present. The 4 months you quote is the time they have from filing the claim to giving you the claim form. This simply shows that they have started a claim and prompts you to file a defence. Court hearings would come after that.

It is possible they have filed a claim but haven't given you the papers yet. However, once it is 10 months since probate was granted, it will be clear that they haven't started legal proceedings. This is one of the reasons executors don't have to start distributing the estate until one year from the date of death.

[VerityUnreasonble]

@prh47bridge

No, this is not a case where they can get an ex parte hearing, i.e. a hearing without you present. The 4 months you quote is the time they have from filing the claim to giving you the claim form. This simply shows that they have started a claim and prompts you to file a defence. Court hearings would come after that.

It is possible they have filed a claim but haven't given you the papers yet. However, once it is 10 months since probate was granted, it will be clear that they haven't started legal proceedings. This is one of the reasons executors don't have to start distributing the estate until one year from the date of death.

Thank you, that makes sense.

Would the order be:

File a claim
Pre-action protocol (such as mediation etc.)
Court proceedings, if required

Or

Pre-action protocol
File a claim
Court proceedings

I'm just trying to second guess really if a claim has been made, as there is no way to actually check. But if the normal order would be pre-action protocol first and there hasn't been any that makes it more likely (but not impossible) there hasn't been a claim. While I can't do much about it either way it is something of a stress sitting in limbo for another 4 months.

[prh47bridge]

The pre-action protocol should come before a claim is filed.

[VerityUnreasonble]

@prh47bridge

The pre-action protocol should come before a claim is filed.

Thanks so much, appreciate all your replies and patience!

[wednesday32]

If the partner of the person who died was not married, and was not listed in the will as a beneficiary/potential beneficiary, they would have a legal right to challenge the will under the 1975 dependants act. However, in order to have the will revoked to include them, they would need to prove to the court that they were financially reliant on the deceased. The Act is in place to protect people who later have children together and for whatever reason have not updated their will. If the deceased was of sound mind at the rime the will was made, and they had no dependents then the partner will struggle to have the court agree with her.
Any claim needs to be made within 6 months of probate being granted, so as that has now passed you should be fine to distribute the estate.