How do I make a claim against the Estate of someone who has died?

[Aukey]

Peridot

[Peridot]

Hi Donny462,

The figures you need to look at will be on the grant of probate itself. The gross figure is the value of the estate on the date the person died, the net figure is the amount potentially available for distribution after debts and testamentary expenses are paid out.

The Will, although it may have figures or named property, business etc could be a red herring. If the property or assets did not exist when they died, the ‘gift’ would fail so don’t hold too much store in the Will wording.

If you wish to make a claim against the estate you need to make it as soon as possible. There is a 6 mth window to claim but if notices have been made in the London Gazette the limit is 2mths. All is not lost if this was the case but a claim may have to be sent to the beneficiaries rather than the executor. A reduced fee or free initial appointment may be available that can give you the pointers you need and possible options so you can decide whether you can deal with this or whether you need legal help. Make sure you ask whether costs can also be claimed as part of the claim. This will depend on the value of the claim and which Court it is started in as well as considering whether the cost benefit makes it worth pursuing.

The grant will also give details of who the administrator/executor of the estate is so you know where to send any claim. I would suggest getting some advice on the claim form now from a litigation specialist to ensure you draft the claim form correctly.

[Donny462]

Thank you so much for your reply PERIDOT, I have got a copy of the Will, and also the Grant of Probate.
The gross value of the Estate is just over £28,000.00, the net value is just over £24,000.00.
His Wife is named as the Executor and also the sole beneficiary. However, if she dies, his Estate is to be split into through and the Will goes on to say how his money can be used to buy houses for any of the three beneficiaries if needed. To me, it reads that he has left significantly more than the figure of just over £24,000.00 as stated in his Will.
I had a feeling he would do everything possible to evade the debt owed to me, (as he did in his lifetime too), but his conditions in his Will are the most bizarre I have ever seen!
I have lived without many things and really struggled to keep my head above water because of this mans dogged refusal to pay me back...he owes me just under £200,000.00 and that is without any interest added on so as you can imagine, I am desperate to get it back, he has been very clever in hiding monies in his Wives name, their marital home for example is in her sole name, his inheritance from his Dad was put into her bank...he (and she!), have been very devious!
When I get home, I will post the sections of the Will that I am confused by in the hope you, or someone else can give me their interpretation of how they understand it xx

[Donny462]

I wrote to the Wife on Thursday to advise her I would be making a claim, I sent the letter via Special Delivery to ensure I would get proof she'd received the letter, in the form of her signature. The letter was received at 12.39pm on Friday afternoon and signed for not by her, but by another name....I am beginning to smell a very large rat as it has been signed as received by J. Smith! Had it been any other name than J. Smith, I may not have been suspicious, but I know she lives alone and her name is nothing like J.Smith! It would appear she is going to continue to evade the debt too

Peridot I know you keep advising me to get legal advice, but I literally don't have the money, this unpaid debt has ruined me.

[Peridot]

Hi again,
i appreciate you can’t instruct a lawyer to do the claim but if you shop around you will find a free half hour or reduced fee appointment with a litigation specialist. They can then advise on the best way to deal with the claim and look at the chances of you succeeding in your claim. It would be helpful for you just to know the options and likelihood of succeeding. Then you can take an informed choice on the next stage, of appropriate.

[Donny462]

Hi again,
i appreciate you can’t instruct a lawyer to do the claim but if you shop around you will find a free half hour or reduced fee appointment with a litigation specialist. They can then advise on the best way to deal with the claim and look at the chances of you succeeding in your claim. It would be helpful for you just to know the options and likelihood of succeeding. Then you can take an informed choice on the next stage, of appropriate.

Thank you so much once again Peridot I will do some shopping around.

I`m afraid it would appear that this woman is going to continue to evade the debt, just as her late Husband did as she is not responding to me or acknowledging my letter...I am unsure what to do next , but thank everyone for trying to help me xx

[Donny462]

Can anyone advise as to what I can do to get this woman to communicate with me please? She is both the Executor of the Will and the sole Beneficiary but has signed my Special Delivery letter with a false name, and is totally ignoring me....I really just don't know what to do now .
She lives at the opposite end of the country to me, so to travel to hand deliver the letter is inpractical, added to which, I doubt she would even open the door to me.
Thank you for any advice.

[Donny462]

Can anyone advise me please? I'm open to suggestions as to how I can get this person to even acknowledge me, let alone get her to communicate with me

[Donny462]

Anyone please?

[Donny462]

Peridot please could you tell me where I can get the Claim Form from? I emailed the Probate Office and they said they could only help with advising on how to complete Probate

[Amethyst]

You want to issue a money claim for the debt against the estate of the deceased? It will be form N1 or you can do it online through the gov website if it is under £10k. https://www.gov.uk/government/public...orm-cpr-part-7

CPR 19.8

(2) Where a defendant against whom a claim could have been brought has died and –

(a) a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of the deceased;

[Donny462]

Thank you Peridot for your help.
As I have now found the signed acknowledgement of the debt and the promise to pay me back by selling the property, (which he admitted was put into his Wives sole name in order to evade the debt), as he has died, am I able to now serve her with a Statutory Demand for the money owing please? If so, am I able to add the interest on as was promised to be paid upon repayment of the debt?

[Donny462]

Can anyone advise me please?
Thank you