1975 act claim

[Alphie]

Hello,

My father passed away and left a will in which he left his step daughters a small amount of money each with everything else to go to me.

I've been granted probate and paid one of them the money, they had no problem and just said thank you. I tried to pay the other one and it all seemed to be ok but then she went quiet and out of the blue i received a solicitors letter to say that she intends to claim under the 1975 act against her late mother’s estate and my father’s estate.

She’s an adult, has never lived as a family with my father. She moved abroad nearly 20 years ago, during which time there has been very little contact other than to ask to borrow money periodically. My father had to get in contact with her when her mother was dying as she had fallen out with her mother some time before. She didn’t travel over to visit her or go to the funeral. She was in contact on and off with my father for a year or so after her mother’s death, but again in that time she asked to borrow money. He told her that he couldn’t afford to as he was now a single man etc. He knew that she was only interested in what money she could get from him and he obviously saw through that and communication stopped. Subsequently my father had a new will drawn up with his solicitor. I had no idea what was in the will until he died.
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I know that my father would be turning in his grave if he knew that this was happening. I know if he wanted to give either of them more he would’ve done that.
She’s using a no win no fee solicitor so she has absolutely nothing to lose. Does she have a case?
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[des8]

How distressing for you.


Regarding any potential claim against her mother's estate it would seem she is well out of time.
Although the court can vary it there is a strict time limit of 6 months from date of grant of probate in which to make a claim.
As she was aware of her mother's passing she would have little grounds for not making a claim at that time.

Regarding your late father's estate, was his step daughter legally adopted by your father?*
If not she has* no inheritance rights.
You say she never lived with your father, so it will be difficult to show your father treated her as a child of the marriage and you say he stopped "lending" her money so she cannot claim that he supported her.*
So it would seem that those two basis for a claim don't hold water.

However contentious litigation is expensive, so I would not be surprised to find this threat is the preliminary move to obtain your agreement to a settlement out of court so that you avoid those costs.
*

[Alphie]

How distressing for you.


Regarding any potential claim against her mother's estate it would seem she is well out of time.
Although the court can vary it there is a strict time limit of 6 months from date of grant of probate in which to make a claim.
As she was aware of her mother's passing she would have little grounds for not making a claim at that time.

Regarding your late father's estate, was his step daughter legally adopted by your father?
If not she has no inheritance rights.
You say she never lived with your father, so it will be difficult to show your father treated her as a child of the marriage and you say he stopped "lending" her money so she cannot claim that he supported her.
So it would seem that those two basis for a claim don't hold water.

However contentious litigation is expensive, so I would not be surprised to find this threat is the preliminary move to obtain your agreement to a settlement out of court so that you avoid those costs.

Thank you for your reply. He didn't adopt her.

There appears to be no probate when her mother died, i assume it was because her half of the house automatically went to my father as her husband.

Can i ask if her sister could also make a claim given that she has accepted the gift he left?

[des8]

Yes, she can make a claim if she thinks the gift is inadequate.
However, thinking about the 6 month time limit when was probate obtained for your father's will?

When her mother died I assume all assets were owned jointly and so passed without need of probate to your father.
I doubt she has any claim under the inheritance act to her mother's estate.

[Alphie]

Yes, she can make a claim if she thinks the gift is inadequate.
However, thinking about the 6 month time limit when was probate obtained for your father's will?

When her mother died I assume all assets were owned jointly and so passed without need of probate to your father.
I doubt she has any claim under the inheritance act to her mother's estate.

Probate was granted January of this year. All of the assets were jointly owned, yes.

It's opened my eyes for sure. Until this happened i was under the impression that if someone wrote a will expressing their wishes, that they should be carried out. But it appears that's not the case and that their wishes can be totally disregarded if someone decides that they'd like more money. *

[des8]

Perhaps not quite that simple ! but I understand your viewpoint.

I doubt she has a valid claim that would stand up in court, but the cost of disputing it can be horrendous.
She might think it will come at no cost to her, but that is not necessarily so as her arrangement might not cover all the court fees etc.

Also, people tend to believe that in cases of contentious litigation, the estate pays. Although common, it is not always the case and*costs could be awarded against her.

However the risks are high, costs enormous so the very threat is often enough to cause parties to come to a settlement early.*

If you intend to dispute any claim from her* you need to consider possible costs
I don't suppose you took out an executor's liability policy?
Do you have Legal Expenses cover with your household policy? If so they might be a source of funding.

[Alphie]

Perhaps not quite that simple ! but I understand your viewpoint.
I doubt she has a valid claim that would stand up in court, but the cost of disputing it can be horrendous.
She might think it will come at no cost to her, but that is not necessarily so as her arrangement might not cover all the court fees etc.
Also, people tend to believe that in cases of contentious litigation, the estate pays. Although common, it is not always the case andcosts could be awarded against her.
However the risks are high, costs enormous so the very threat is often enough to cause parties to come to a settlement early.
If you intend to dispute any claim from her you need to consider possible costs
I don't suppose you took out an executor's liability policy?
Do you have Legal Expenses cover with your household policy? If so they might be a source of funding.

Unfortunately, I don't have legal cover elsewhere.

I don't have the full details of her claim yet. They have a copy of the will and the probate which my solicitor supplied. My solicitor has now been asked to supply a*larke v nugus letter. They have written to her solicitor to ask what she is claiming as e.g. child of the family before they cause me extra expense by digging in their archives to answer the 13 questions they've been asked to answer.*

The cost is already creeping up.

[des8]

Reading between the lines, your solicitor doubts she has a valid claim, so you're probably in good hands.
But every letter sent and received by a solicitor costs.... ouch!

[Alphie]

Hi, this is still ongoing. The other side are still pressing ahead with the claim.
They are claiming against both my father's estate and their mother's.
I was under the impression that there was a 6 month time limit to bring a claim and that as their mother had passed away 8 years ago they would be out of time.
My solicitor is now saying that as my dad didn't apply for probate when she died there is no time limit to bring a claim against their mother's estate. Is this correct?

[des8]

Your solicitor is correct in that the time limit applies from the date of probate

[Mamia2]

Your solicitor is correct in that the time limit applies from the date of probate

Is that the same if letters of administration were issued rather than probate -* as no will

[des8]

Yes.

[Mamia2]

Yes.

Wow, didnt realise that , thats worrying as father recently died and didnt leave anything to his step children but left full estate to biological kids , so even though their mother died 20 years ago they can contest my dad getting her assets through intestate rules as she had no valid will