Distributing assets after probate, potential claim against

[PallasAthena]

The 6 months to bring a court action under the Inheritance Act 1975 starts from when Probate/the grant of letters of administration was issued to you. You said earlier that you received Probate in December 2024 so she has until June 2025 to bring a a court action.

As you are the sole beneficiary of the estate it's up to you what to do next. I would be inclined to do nothing and wait until the 6 months has expired rather than (metaphorically) poking her with a sharp stick. But it's your call, it's your money. Even if she does pop up closer to the 6 month deadline with a formal letter of claim you don't have to go to court and incur significant legal costs, you can negotiate then.

Does your solicitor have an opinion on whether she might have an Inheritance Act claim and if so how much a court might award?

[Gnoble17]

PallasAthena thank you. Yes that's what I was thinking. By contacting her I'm literally saying how much do you want and I'm not comfortable with that.

I think she likely will have a claim given the length of time they were together (as does the solicitor) But I also think she was, and is, largely independant so likely this will go against her regarding a claim as she didn't rely on my father for support. Although she did live rent free in a rather outdated house that was only just livable in my opinion so possibly will be entitled to costs towards relocating etc.. Which I would be happy to hear about. But then again she cleared out the house of everything when she went so has enough to start over? I don't begrudge this by the way, it's just a fact that anything that wasn't nailed down went. Even stuff my grandad was storing in my dad's spare room. It's all so complex and reliant on assumptions as I don't know her.

If she comes forward and has the required evidence so support I claim, I would want to be fair. I just genuinely doubt, given what I know, that she will get herself together and actually put in a claim before the 6 months is up.

[Pezza54]

@PallasAthena
OP's solicitor has already written to the partner but is yet to receive a response - post 15
If she fails to reply, could be a sign she doesn't intend to make a claim and is happy with just his pension

[atticus]

The very simple point is that a person who wishes to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 has until 6 months after the date of the gran of representation to make a court claim.

[des8]

Be careful about that 6 month time limit.
Although the claim has to be filed within that period the claimant has a further four months in which to serve it.
So don't distribute the estate until at least 10 months after obtaining the grant.

[Gnoble17]

des8 yes I had read that. It confuses me a little. I know it shouldn't it sounds straight forward.

Does it mean I would know about it in advance or it could literally be filed after 10 months with no pre warning? As in are people legally require to go through, what's it called, mediation? Beforehand or can they go straight to court?

I would hope we could try to sort this amicably (that is my intention) however I don't know hers.

[atticus]

@PallasAthena
OP's solicitor has already written to the partner but is yet to receive a response - post 15
If she fails to reply, could be a sign she doesn't intend to make a claim and is happy with just his pension

It would he very dangerous to read such a thing into the absence of a reply.

And it is 6 months to file a claim, but up to a further 4 months to serve it.

[des8]

des8 yes I had read that. It confuses me a little. I know it shouldn't it sounds straight forward.

Does it mean I would know about it in advance or it could literally be filed after 10 months with no pre warning? As in are people legally require to go through, what's it called, mediation? Beforehand or can they go straight to court?

I would hope we could try to sort this amicably (that is my intention) however I don't know hers.

AFAIK there is no specific pre-action protocol for inheritance act claims.
The Practice Direction on Pre-Action Conduct and Protocols applies, but only encourages parties to exchange information and try to resolve disputes without litigation.

So a party could leave it to the last minute before filing a claim, and then wait 4 months before serving it.
Probably unlikely, but possible