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Following an individual’s death their estate will need to be administered. This involves identifying all of the person’s assets (such as property, bank accounts, shares, etc.), gathering them all in and paying all the debts of the estate and any inheritance tax that may be due. The rest of the estate is then distributed to the beneficiaries following the terms of any will, or if there is no will, in accordance with the rules of intestacy.
The people responsible for doing the estate administration are known as executors (if there is a will) or administrators if there is no will. There is little practical difference between an executor and administrator – their role is almost identical. Together they are known as “personal representatives” (PRs). If it is a complicated estate, or the PRs do not get along with each other it can also delay matters. Disagreements can also arise between PRs and beneficiaries over the best way to manage the estate and there can be strained relations with beneficiaries. This can lead to disputes.
Call us free today to see how we can help you understand your options on 0808 164 0808, or request a call back if you’d like one of our no-win, no-fee experts to call you.
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There is a time limit for bringing Contentious Probate claims. They normally have to be issued at court within 6 months from the date of the grant of probate. You can search online to see whether or not a grant has been issued.
Depending on how complex the deceased’s estate is, a grant of probate could be issued only a few weeks after the deceased’s death so this may not leave a lot of time for someone to make a claim. Therefore you should act quickly and get in touch with legal professionals.
It is possible to bring a claim after the 6 months has expired, but you will need permission from the court to do so. The court looks at the full range of factors, such as the reasons for the delay in making the claim, and what prejudice would be suffered to the estate and any other beneficiary. There is no guarantee that the court would grant permission even if the delay is only a few weeks. Similarly, just because a claim may be brought many years after the grant, it doesn’t mean that permission would be refused.
It will be up to the court to decide, and again depends on the individual facts of the case.