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Inheritance Claim...

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  • Inheritance Claim...

    Hi, I am the residual benefactor of an estate that was distributed before the 6 month recommended time line. There has now been a claim made by a cohabitee. Cohabitee is trying to go direct to the executors to get information regarding the estaye accounts. Surely this should be coming from the claimants solicitors? Also, what kind of liability could fall at the feet of the executors? No indemnity was sought so I signed nothing prior to receiving monies. Is the claim only against the residual amount or should it be against the specific legacies also left? As you can imagine this is quite a stressful experience.
    Tags: None

  • #2
    Re: Inheritance Claim...

    Hi and welcome, I will give [MENTION=85500]Peridot[/MENTION] a shout see if she can help with this

    Comment


    • #3
      Re: Inheritance Claim...

      Thank you enaid. Also looking for advise as there are belongs at the claimants house that I am having but not as yet collected. Will this be affected by the claim as my immediate thinking is that I will need to now wait?

      Regarding my original post, the claimant is wanting copies of bank statements and other financial information (I am guessing to support the potential claim). The executor has advised she doesn't have the information as it was dealt with by the administration firm she appointed. I would have thought that the claimant isn't entitled to see this information and should be requested by her solicitor only?
      I was also advised that the executor hasn't sought any kind of legal advise and given they type of person she is, I think she is sticking her head in the sand however if she does send any kind of info to the claimant could she be in breech of her executor duties?

      It is just a mess....

      Comment


      • #4
        Re: Inheritance Claim...

        Hi Twitter,

        Very distressing for you all. Hopefully we can point you in the right direction.

        I'll need a few questions answering first:-
        When did the person die.
        When was the Grant of Probate obtained?
        You mentioned an administration firm? What are they and did they deal with the whole of the administration of the estate after the death?
        Who is the co-habitee? How long had they lived with the deceased and what was the nature of their relationship (not details just whether they were considered 'partners' for example? Did the deceased support this person financially?

        Once I've had your response hopefully I will be better placed to shed some light on what may or may not happen with regard to any potential claim there may be against the estate.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          Re: Inheritance Claim...

          Thank you Peridot.

          My mum died beginning of August and probate granted end of November. 1 executor being my mum's younger sister who used Simplify. From what I gather they have done all the administration of the estate after death. The cohabitee was my mum's partner and they had been living together since 2009 (not 2005 as the partner has mentioned in the potential claim). My father passed away 20 years ago. They kept totally separate finances and sure my mum probably contributed to the bills etc, day's out. They purchased a holiday home on the Devon coast a couple of years ago that brings in a nice return - this was purchased jointly and has gone to the partner now through joint ownership. This is noted in the estate accounts. The partner retired about 5 years ago on a civil service pension and mum moved into the property after selling hers.

          The estate was distributed the end of February. I was notified in March from Simplify that a potential claim has been made and not to spend any of the monies.

          The partner made no indication the my mum's sister at any point that they were thinking of making a claim against the estate and has made no attempt at contacting me - even scattered the ashes without telling any of our side of the family.

          I know there is a claim but her partner has been approaching the executor directly for financial information. Surely this should only come from the solicitor now that a potential claim has been notified. I still haven't received anything from the partners solicitor but Simplify did send me a copy of the letter sent to them which they forwarded to the executor who has done nothing......not even gone for the free legal advise as advised by Simplify.

          I was advised yesterday by the executor that she has been told by Simplify that the claim is against the residual amount only as mum left specific legacies to her 3 grandchildren plus a very close friend of hers.

          With notification of the claim, am I allowed to collect my mum's personal possessions (it's a box of crafty/sewing stuff and pictures)?

          How long do they have to make the 'claim' official?

          I am a mum of 3, working and claiming tax credits and would love to take my children on holiday (during the school holidays) as we haven't had a family holiday for the past 5 years. This money would enable us to do that and it's what my mum would have wanted.

          Comment


          • #6
            Inheritance Act Claim and Chattels

            Hi, two questions i am hoping you can advise on really. Firstly, if a claim is going to be registered against me when will I know? The claimants solicitors are playing hard ball and left me with 5 working days to see a solicitor before the 6 month deadline from probate ran out. My solicitor advised against a standstill so I am presuming the claimant will now lodge their claim wirh the court.

            Secondly, the executors are refusing to hand over chattels/ personal effects. Can they do this?

            They distributed the estate early due to ignorance so the claim has come direct against me being the residual beneficiary.

            Any advice is greatly appreciated
            [MENTION=85500]Peridot[/MENTION] [MENTION=39710]des8[/MENTION]
            Last edited by Amethyst; 20th June 2017, 13:41:PM.

            Comment


            • #7
              Re: Inheritance Claim...

              My understanding is that the claimant has six months from date of grant of probate in which to issue proceedings (sec 4 of 1975 Inheritance Act) and a further four months in which to serve the claim upon you.
              It might be that they are out of time and will need the courts permission to proceed.

              Presumably the personal effects have only sentimental value, so there is no reason for the executors (more than one?) to retain them.

              calling [MENTION=85500]Peridot[/MENTION] !!

              Comment


              • #8
                Re: Inheritance Claim...

                Thankyou Des8. The claimants solicitors advised full details of the potential claim 2 weeks before the time limit. My solicitor replied quickly despite the time restriction and we have yet to hear anything back. So they have 4 months to let us know further details? If this is the case, they have left no time at all for mediation of which I am fully open to as my solicitor knows.

                Regarding the personal items, yes they are purely sentimental however the execs won't agree to let me have them as they think it forms part of the claim which is totally rubbish. Doesn't help that they favour the claimant.

                Comment


                • #9
                  Re: Inheritance Claim...

                  Hi Twitter,
                  Sorry I have been preparing this response all day having to come back to it as I've been doing too many things at once. So you may find some overlaps here. Just reading your most recent post you say they provided details of the 'full claim' so the section on the claim form called Particulars of Claim has been completed and doesn't say they will provide details in due course? I'll let you read the rest of my response below just thought I'd better clarify as I'd already drafted my response to you before seeing yours to Des8.

                  Des8 is correct, the claim has to be made under the Inheritance (Provision for Family & Dependants) Act 1975. As a co-habitee of at least 2 years your mum's partner is able to make a claim but this must be done within 6 months of the Grant of Probate, so by end of May 2017. Has the claim been issued yet? If it has what is he actually claiming on the claim form at the Particulars of Claim. If needs be you can upload the claim form with all relevant identifying information blocked out (including the Claim No and Court please as well as names and addresses).

                  The Court would look at whether reasonable financial provision has been made for him, by your mother under her Will, and if not what, if any provision should be made for him. He would also have to show that your mother was maintaining him financially. My instinct on the basis of the limited information that I have, is that if he inherited the 2nd property and your mother was not supporting him financially then I can't see how the Court would award him any significant sum or in fact anything at all. However I do not have all the information.

                  Technically, as soon as the executor (or their representatives ie Simplify) is aware that a claim has been issued they should only pay debts and funeral expenses and collect in the assets. As you have pointed out they have distributed everything already. Smaller legacies which are unlikely to be affected by the claim or where beneficiaries are experiencing hardship then the executor can seek agreement from him (and you) to make an interim payment, but this is immaterial if you already have your legacies.

                  This sort of claim is brought against the beneficiaries. Simplify, who the executor instructed are not really expected to be involved, although whether there may be a negligence claim where they must have known that your mother had a partner and so it should have rung alarm bells really, if he had not been considered in the Will. However it may have been that the Executor said there would not be a problem?

                  Unfortunately, the claim is directed at the beneficiaries as it is your inheritance that is to be effected. The executor does have an obligation to provide the relevant information to him, although I would be more inclined to deal with his solicitor not him directly (if he has one?) The executor should not be handing everything over regardless. The Will is relevant as are the estate accounts. I'm not sure why her bank statements are required unless he is trying to show that she regularly paid money to him which he could argue is maintenance perhaps? It is for you to defend the claim and the executor is expected to provide up-to-date information on what the estate comprised of and also the administration of the estate, so the estate accounts basically.

                  The Courts expect co-operation in these matters and strongly encourage negotiation and mediation to try and enable a settlement to be reached. The cost of taking a matter such as this can be considerable and you need some advice on the likely prospects of his being successful and the likely costs to enable you to consider whether this is something worth fighting or whether it is best to consider some sort of compromise.

                  You have 28 days in which to return the acknowledgment of Service form to the Court, once you receive the Claim form. If the executor is dealing with him directly I would ask if there are solicitors involved to deal with them. But get advice on exactly what should be disclosed. If things are being disclosed that do not need to be this may be aiding him and not you. The executor has a duty to you as well as having to comply with any Court direction, but no duty to him. Simplify and the executor should not just be handing everything over.

                  On the basis of the information that you have provided so far I believe he may well struggle in this claim. In the circumstances I would strongly recommend that you try and see a lawyer for a free initial appointment, preferably a lawyer who is a member of ACTAPS (Association of Contentious Trusts and Probate Specialists - www.actaps.com) but a litigation specialist in Contested Probate will help. Have a google of your local firms to see who does free initial appointments or have a look on our sister site justbeagle.com where you can find local law firms and an indication of any fixed fees that may be available, (although this is doubtful in this area of law). Do then check the law firms website, many will offer free half hours or initial appointment so it is worth asking.

                  You can also then ask them about whether it is sensible to use part of the money for a holiday, depending on the size of the residue this may be possible, but if the residue is only small then unfortunately it may be sensible to wait until this matter is dealt with. I think before trying to reach a compromise with him you need some advice on his likely chances of succeeding if the claim went to Court.

                  With regard to the small items, again it is difficult, technically the estate shouldn't have been administered but as it has, then surely you should now have everything left to you? As the items are presumably small in value and of sentimental value only, I can not see any Court having an issue with it. I would suggest that you keep the items safe however in case there were issues down the line and until this matter is finalised.

                  If we can help any further do pop back on.
                  I am a qualified solicitor and am happy to try and assist informally, where needed.

                  Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                  If in doubt you should always seek professional face to face legal advice.

                  Comment


                  • #10
                    Re: Inheritance Claim...

                    Hi,

                    Thank you so much for the reply. They have filed the claim in court and also served the papers immediately. Now waiting to hear if they will go for ADR/mediation. As they are playing hard ball my guess is that they won't but my understanding is that this could look negative against them. Just wish it would end as it is emotionally draining.

                    Comment


                    • #11
                      Re: Inheritance Claim...

                      Hi Twitter,
                      Mediation is always recommended if at all possible. Although they have issued a claim which is frustrating, can be stressful and costly, at least the matter is progressing so hopefully the end will be in sight shortly.
                      It will be interesting to see what happens now.
                      Here as ever if needed.
                      I am a qualified solicitor and am happy to try and assist informally, where needed.

                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                      If in doubt you should always seek professional face to face legal advice.

                      Comment

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