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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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How long are the Executors of an Estate legally obliged to

Resolved Question:

How long are the Executors of an Estate legally obliged to wait before distributing assets after grant of probate has been issued ? There could be a potential claim against the Estate from a family member who was not a named beneficiary in the deceased Will.
We have been told 6 months after probate is granted is this correct ? Other answers have suggested 10 months from date of probate ?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

There is a very strict time limit of six months from the grant of probate within which to bring a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

This is the only Act under which a party could make a claim and applies to a party who feels that reasonable financial provision had been left to them under the deceased's Will.

I hope this assists and clarifies the position to you.

Kind Regards

Al

Customer: replied 2 years ago.

Should paragraph two not say...."financial provision had not been left to them..."

In this case the potential claimants are family members of the deceased party husband who is also deceased. He left all of his Estate to his wife on his death.I would suggest therefore as they are not immediate family members any argument they brought forward to suggest they were in anyway financially dependent on their late father is going to be difficult to prove.

Please clarify.

Expert:  Aston Lawyer replied 2 years ago.

Hi Dean,

I do apologise- it should have read "not been left..."

From what you tell me, it is does not appear to me that the claimant will have any valid claim, but as far as the Executors are concerned, they have to cover their own backs and can't really distribute the Estate if they are aware of a potential claim, however weak that claim may be.

Kind Regards

Al

Customer: replied 2 years ago.

So with probate granted in February 2015 it makes sense for the assets to remain in client account until August 2015 and distribute at that point just in case this potential weak claim comes in ?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

You are indeed correct.

Kind Regards

Al

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