Your web browser is out of date.

Update your browser for better security, speed and to get the best experience on this website.

Update your browser
family-heart
Insight | For Individuals

Executors and Administrators Responsibilities - Claims Against an Estate

Senior indian couple with laptop sitting on sofacouch at home 1346789036

Executors appointed under a Will of a deceased and Administrators appointed under the Rules of Intestacy (when there is no Will) should consider and be aware that claims can be made against an Estate within 6 months from the date of issue of a Grant of Probate/Letters of Administration.

The Executor/Administrator should caution against distributions out of an Estate from being made for the first 3 months and to be aware that claims can be made within the 6 month period.

Examples of Claims against an Estate

Reasonable Provision claimed by:-

  • Any spouse or civil partner.
  • Any former spouse or civil partner, provided they have not remarried or registered a new civil partnership, and provided no court order was made at the time of their separation that specifically precludes them from bringing such a claim.
  • Any other person with whom the deceased was cohabiting continuously for the two years immediately preceding death as spouse or civil partner.
  • Any children (which includes illegitimate, adopted and adult children, and children conceived but not yet born at the time of death, but not stepchildren unless they have also been adopted).
  • Any person who the deceased treated as a child of the family in relation to any marriage or civil partnership and who was dependant (eg a former spouse's child from a former relationship).
  • A person the deceased may have maintained (eg.in making a substantial contribution towards their reasonable needs up to death), on the basis that he or she had assumed responsibility for them.

Other reasons of challenges to a Will may include :-

  • If there has been 'undue influence' on the deceased at the time the will was made.
  • Mental incapacity of the deceased.
  • All or any of the Will not being correctly signed , dated or witnessed
Women unhappy concerned dispute paperwork contract 1683033619
Couple 60s happy outside sat on bench 1642335607

Liabilities of the Estate

It may be that the Revenue (HMRC), the Department of Work and Pensions (DWP) or any other unknown creditors (Creditors may have a claim against an Estate). Full enquires should be made by an Executor/Administrator and consideration of the placement of Statutory Advertisements.

Heald are here to provide legal advice and take instructions from Executors/Administrators (our client) to assist with Grants of Probate/Letters of Administration and to deal with Estate administration (ie. Grant application, taxation gather in assets, settlement of liabilities and distribution) on behalf of our Client.

phone-chatting

Contact Us Let's have a chat

family-heart

Meet our Wills, Trusts & Probate Legal Team

At Heald Solicitors, based in Milton Keynes, our expert lawyers have wide experience across all aspects of Wills, trusts and probate as well as in dealing with related disputes.
Give us a call 01908 662277

Let's discuss your situation…

Complete the form below and we'll call you back to discuss executors and administrators responsibilities - claims against an estate and understand your situation and requirements.

Required
Required
Required
Optional
Required
Tell us how we can help you or a short breakdown of your current situation and requirements.
Note: Any information you send us via this form will only be used for the purposes of processing your enquiry. It will not be used for marketing purposes or sold to third parties. View our privacy policy.
phone-chatting

Get to know us wih a call back, at a time that suits you. Let us offer some guidance and direction to start your journey with Heald Solicitors today.