Saturday 2 November 2024

Navigating the Inheritance Maze: Your Guide to Probate, Will Disputes, and Estate Challenges

Top 5 This Week

Related Posts

When to File a Claim Under the Inheritance (Provision for Family and Dependants) Act

### Initiating an Inheritance Act Claim Prior to Probate Issuance: Understanding the Process and Legal Framework

Navigating Inheritance Claims Prior to Probate Granting: A Legal Update

In a significant shift from past procedures, individuals seeking to bring a claim under The Inheritance (Provision for Family and Dependants) Act 1975 (the “Inheritance Act”) no longer need to wait for the Grant of Probate or Letters of Administration to be issued. This development, ushered in by the Inheritance and Trustees’ Powers Act 2014 (“the Trustees’ Powers Act”), particularly Schedule 2, has streamlined the process for potential claimants, addressing previous challenges where executors, often main beneficiaries, could delay claims by not applying for probate.

Previously, a crucial step in considering an Inheritance Act claim involved verifying at the Probate Registry whether a Grant of Probate or a Grant of Letters of Administration had been issued. While this verification remains important, the landscape has changed. Should a search return negative, indicating no probate grant, a standing search can be placed at the Probate Registry. This search, valid for six months and extendable, ensures notification upon the probate grant for the deceased’s estate.

It’s crucial to note, however, that the issuance of probate still triggers the six-month deadline for filing an Inheritance Act claim, a timeline that the Court may not always agree to extend. This makes timely checks at the Probate Registry as important as ever.

In cases where probate issuance is stalled by a reluctant personal representative, legal mechanisms exist to compel action. The process of citation can force the representative to take a grant, or an application can be made under sections 116 and 117 of The Senior Courts Act 1981 for their replacement.

Additionally, it’s vital to understand the role of specific grants that limit personal representatives’ actions without court permission, such as a grant to collect goods (grant ad colligenda) or a grant for probate proceedings determination (grant pendent lite or ad litem). These grants typically do not initiate the Inheritance Act claim period, but legal counsel should be sought for clarification.

For those considering an Inheritance Act claim, the landscape has evolved to offer more flexibility and avenues for action prior to probate granting. However, the intricacies of the law and the importance of timely action underscore the value of professional legal advice.

Should you find yourself navigating the complexities of an Inheritance Act claim or seeking further information on your legal options, consulting with a legal expert in dispute resolution or contentious trust and probate is advisable. They can provide guidance tailored to your specific circumstances and help you understand the implications of recent legal changes on your potential claim.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Popular Articles