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Inheritance is always a sensitive topic of conversation, something heightened by the uncertain times we are now experiencing and it's not uncommon for individuals to worry about what may happen to their assets on their death, feeling concerned about the validity of a will or how an inheritance is being handled. This article is intended to detail the strict time limits that apply to claims concerning wills, trusts and estates, and the steps that can be taken to protect your position during this turbulent time. The time limits that are in place are, on the whole, rigid and can expire as little as six months from the date of death but there are different time limits in place depending on the nature of your claim so you need to consider each scenario carefully.
It is reassuring to know that there is no time limit to bring a claim when challenging the validity of a will. This is because the very nature of your argument is that the document never legally existed. However, you should not delay in taking steps to advance your claim. This is because any delay can affect the existence of any evidence that could support your case. The more time that passes, the greater the risk that evidence will be destroyed or lost.
For example, law firms generally keep files for a minimum of six years and these documents will be key in determining the validity of a will. Also, over time, memories can fade, or witnesses can become ill or pass away, which makes it harder to find reliable witness evidence. If there is a long delay in bringing a claim then your opponent could successfully argue in Court that it would be unfair for the claim to proceed. This argument could be successful if the estate of the person that has died has already been distributed in accordance with the terms of the disputed will.
Claims of this nature are easier to bring before probate has been granted. To protect your position whilst investigations are undertaken, you can file a caveat at the Probate Registry preventing probate being granted. Filing a caveat means that the executor of the estate will not be able to collect in the assets or distribute the estate until the caveat has been removed. This can be done with consent (because any concerns have been satisfied or settlement of the claim has been reached), or through the Court if the claim proceeds in light of evidence uncovered through the investigation and settlement cannot be agreed. A caveat can be put in place as soon as a person has passed away.
If you become concerned about how an estate is being managed by an executor or personal representative, there is no time limit within which to file an application seeking their removal with the Court. However, the prospects of successfully removing an executor or personal representative reduce as the administration of the estate draws to a conclusion. It is advised that you act quickly if you have any concerns regarding the behaviour or actions of an executor or personal representative. If nothing else, early intervention can prevent or reduce financial loss to the estate from occurring.
Before probate is granted, or letters of administration are issued, a caveat can be put in place if you have any concerns regarding the appointed executor under a will, or any person proposing to take out letters of administration (where there is no will). This will prevent that individual from dealing with the administration of the estate until your concerns have been addressed, or the identity of an alternative personal representative has been agreed.
Claims under the Act are brought because there are concerns that the will or intestacy rules have failed to provide reasonable financial provision for the claimant. Children, spouses/civil partners or a person being maintained by the person who has passed away are all eligible claimants under the Act.
Any claim under the Act must be issued at the Court within six months from the date probate is granted, or letters of administration issued. Failure to bring your claim within this time limit will result in your claim being time barred. There are very limited grounds to persuade a Court that your claim should be allowed to continue if it is issued late. Very rarely will a Court grant an extension of time.
The person(s) administering the estate might not tell you that they have applied for a grant of probate or letters of administration. To protect yourself, a standing search can be filed at the Probate Registry. This search remains in place for six months and you will receive a notification when the grant of probate or letters of administration is issued. You will then be able to calculate the time limit in which to bring your claim under the Act. The Standing Search can effectively remain in place indefinitely and is renewed for six months at a time on payment of a small fee.
One other matter to bear in mind is that if the person who passed away owned joint property (meaning that on their death, another owner(s) receives the property), you only have six months from the date of death to file an application with the Court to ensure those assets are preserved as part of the estate and taking into account when any claim under the Act is dealt with. This can enhance the value of the estate and provide additional assets to assist in the settlement of the claim.
This type of claim can relate to failures by a trustee or executor to make the correct distribution from an estate, or for any financial loss that may have been suffered as a result of a breach in their duties as executors or trustees. The time limit to bring a claim is six years from the date of the breach unless the claim relates to fraud in which case there is no time limit. However, as with validity challenges described above, any delay in bringing a claim can affect the quality of any evidence that could support your claim.
Finally, you might have a claim if a solicitor or another professional has provided you with poor advice or representation in connection with a will, a trust or the administration of an estate and you have suffered loss as a result. There is a statutory time limit of 6 years within which to bring a claim, starting from the date of the negligent act. There is also a secondary time limit of 3 years from the date you were on notice of the negligent act, which can extend the period within which you can bring a claim in some cases. Where negligent advice was provided to a deceased person, it is arguable that the applicable time limit started to run from the date of their death, however specialist advice is required in every case.
It is reassuring to know that there is no time limit to bring a claim when challenging the validity of a will. This is because the very nature of your argument is that the document never legally existed. However, you should not delay in taking steps to advance your claim. This is because any delay can affect the existence of any evidence that could support your case. The more time that passes, the greater the risk that evidence will be destroyed or lost.
For example, law firms generally keep files for a minimum of six years and these documents will be key in determining the validity of a will. Also, over time, memories can fade, or witnesses can become ill or pass away, which makes it harder to find reliable witness evidence. If there is a long delay in bringing a claim then your opponent could successfully argue in Court that it would be unfair for the claim to proceed. This argument could be successful if the estate of the person that has died has already been distributed in accordance with the terms of the disputed will.
Claims of this nature are easier to bring before probate has been granted. To protect your position whilst investigations are undertaken, you can file a caveat at the Probate Registry preventing probate being granted. Filing a caveat means that the executor of the estate will not be able to collect in the assets or distribute the estate until the caveat has been removed. This can be done with consent (because any concerns have been satisfied or settlement of the claim has been reached), or through the Court if the claim proceeds in light of evidence uncovered through the investigation and settlement cannot be agreed. A caveat can be put in place as soon as a person has passed away.
If you become concerned about how an estate is being managed by an executor or personal representative, there is no time limit within which to file an application seeking their removal with the Court. However, the prospects of successfully removing an executor or personal representative reduce as the administration of the estate draws to a conclusion. It is advised that you act quickly if you have any concerns regarding the behaviour or actions of an executor or personal representative. If nothing else, early intervention can prevent or reduce financial loss to the estate from occurring.
Before probate is granted, or letters of administration are issued, a caveat can be put in place if you have any concerns regarding the appointed executor under a will, or any person proposing to take out letters of administration (where there is no will). This will prevent that individual from dealing with the administration of the estate until your concerns have been addressed, or the identity of an alternative personal representative has been agreed.
Claims under the Act are brought because there are concerns that the will or intestacy rules have failed to provide reasonable financial provision for the claimant. Children, spouses/civil partners or a person being maintained by the person who has passed away are all eligible claimants under the Act.
Any claim under the Act must be issued at the Court within six months from the date probate is granted, or letters of administration issued. Failure to bring your claim within this time limit will result in your claim being time barred. There are very limited grounds to persuade a Court that your claim should be allowed to continue if it is issued late. Very rarely will a Court grant an extension of time.
The person(s) administering the estate might not tell you that they have applied for a grant of probate or letters of administration. To protect yourself, a standing search can be filed at the Probate Registry. This search remains in place for six months and you will receive a notification when the grant of probate or letters of administration is issued. You will then be able to calculate the time limit in which to bring your claim under the Act. The Standing Search can effectively remain in place indefinitely and is renewed for six months at a time on payment of a small fee.
One other matter to bear in mind is that if the person who passed away owned joint property (meaning that on their death, another owner(s) receives the property), you only have six months from the date of death to file an application with the Court to ensure those assets are preserved as part of the estate and taking into account when any claim under the Act is dealt with. This can enhance the value of the estate and provide additional assets to assist in the settlement of the claim.
This type of claim can relate to failures by a trustee or executor to make the correct distribution from an estate, or for any financial loss that may have been suffered as a result of a breach in their duties as executors or trustees. The time limit to bring a claim is six years from the date of the breach unless the claim relates to fraud in which case there is no time limit. However, as with validity challenges described above, any delay in bringing a claim can affect the quality of any evidence that could support your claim.
Finally, you might have a claim if a solicitor or another professional has provided you with poor advice or representation in connection with a will, a trust or the administration of an estate and you have suffered loss as a result. There is a statutory time limit of 6 years within which to bring a claim, starting from the date of the negligent act. There is also a secondary time limit of 3 years from the date you were on notice of the negligent act, which can extend the period within which you can bring a claim in some cases. Where negligent advice was provided to a deceased person, it is arguable that the applicable time limit started to run from the date of their death, however specialist advice is required in every case.
If you think that something is not right, seek legal assistance as soon as possible. Foot Anstey's Trust and Legacy Litigation Team are here to provide any advice and assistance you require so please contact us or read more about our wills and probate lawyers if you have any queries or would like to know more.
