Form of Discharge and Indemnity

[Sandra Smith]

I am one of several beneficiaries of a predecessor who died intestate in 2016. The estate is finally ready for distribution after going through a ancestors tracing company and now a firm of solicitors. However the Administrator has sent me the form of discharge which includes a paragraph that I accept the sum if I (including my heirs, executors and administrators) agree to indemnify the Administrator in perpetuity for all actions, claims, costs and expenses in respect of any debts of the Deceased estate, as well as if a later Will is found. This would expose me (or any of my heirs) to pay the inheritance back forever which appears excessive and unreasonable. Are they are able to do that and do you advise I agree to it, particularly as they took out an Heirs Insurance policy (paid for out of the estate) which covers them for any unfound heirs turning up in the future? It does not cover them for a will being found - but as the predecessor died in 2016 and was in a nursing home with no other property I would have thought that extremely unlikely. Do I cross out the relevant paragraph and say I do not accept that, or do I take out my own insurance policy to cover against any claims in perpetuity? Many thanks for your help.

[Pezza54]

Please read the article "what happens if a valid will is found after the administration of an estate" at harrison-drury.com
The executors named in a newly discovered will can ask the court to revoke the original grant of probate or letters of administration granted under the rules of intestacy. The courts are relaxed about time limits for requests to revoke a will.
Challenging the will, or the rules of intestacy is a different matter. There is a time limit of 6 months after the granting of probate or letters of administration to make a challenge under the Inheritance Act.
It may be the case that the administrator's insurance policy will only pay out if the money cannot be recovered from the original beneficiaries