Will contest

[Guest]

Hi, I would like to know if the probate has gone through and the 6 months up, is there any way you can find out if someone has issued court proceedings please?

[des8]

Not unless you have been served with the claim
More details please

[Family13]

Hi, a member of the family say they are contesting will on 1975 inheritance act , the probate date has passsed the 6 months we haven't heard anything or been served but because family member says they are issuing court proceedings we are left in limbo, we don't know if this is going to happen or not.
Sorry its a bit confusing. we are still grieving and struggling at the moment with all the stress.

[des8]

The courts do have discretionary powers to extend the 12 month time limit, but are reluctant to do so .

To extend the time limit
- 1)there has to be: a reasonable prospect that the claim will be successful.

-2) considered how promptly the applicant acted in giving notice to the defendant of the intended claim and applying for the time extension

-3) the court is more likely to extend the time limit if there were any negotiations* begun within the 6 month time limit.

-4) the applicant must be able to give a reason for bringing the claim* outside of the time limit set by legislation.

How long ago was the threat to issue proceedings made?
Was a solicitor involved?
Do you think he/she has a chance of success?
When was probate granted?
Are the beneficiaries prepared to negotiate wirth the aggrieved family member?
*

[Family13]

The threat to issue court proceedings was last Thursday.
yes solicitors involved on both sides.
we personally don't think so ( they are looking for an hardship claim but they are better off than beneficiaries, not sure how that will work out)
Probate granted 6th December 2019
Beneficiaries are not prepared to negotiate, aggrieved family member has tried to bully and manipulate. This is their last threat, to take it to court.*

Thank you for your reply it is most appreciated.

[des8]

well good luck.
So the threat was issued on the six month mark which means they will now need court's permission to issue a claim, if they didn't so issue earlier.

If a claim is issued, do bear in mind that you as executor must take a neutral stance.

[Family13]

I am also beneficiary but have done everything with solicitors ,different ones for both.* Thank you for your advice it is appreciated. We just wondered how long it could take for the court to decide as the beneficiaries are asking about how things are going. It's very hard for us as it is our Mum's anniversary of her death on the 16th, we have been hounded since she passed about the will and money, all we are bothered about are mums wishes. Thank you again for listening and your advice.

[Family13]

Hi, just a question on the will dispute. Since I last spoke to you on here we have not heard anything at all. The time ran out on the 6th June. What I am asking is if the persons solicitor asked where the beneficiaries want the papers serving has not been in touch at all, we haven't received any papers and haven't heard anything . Is this right or should we have been informed whether or not they are going to issue court proceedings. It just seems that we have been left in limbo and cannot give the other beneficiaries any information as we haven't heard anything. have you any advise you can give us please.

[des8]

As you have now passed the 6 month mark you may distribute the estate and not be personally liable as executor for any claims now arising against the estate.
If there should be a successful claim the claimant could only recover from the beneficiaries (and if they have disposed of their legacies that could prove problematic for the claimant)

If you are in a position to distribute the estate I cannot see any bar to so doing.
Why not have a quick word with your solicitor?

[Family13]

Thank you for your reply, we cannot distribute the estate as yet as sales are still going through. We just felt that we should be informed if it is going to court as we were told 2 days before 6th June deadline that the solicitor was going to issue proceedings. So we are not sure where we stand with this.

[ostell]

But did he issue proceedings before the deadline?* There's a world of difference between what he says he is doing and actually doing it

[Family13]

We haven't heard anything at all, that's the problem. We were just asked where we wanted the court proceedings paperwork to go, either us or our solicitors, but we haven't heard anything since.

[des8]

Well there is nothing to be done but wait it out.
As you can't yet distribute the estate it makes no difference.

[Family13]

Hi, just a quick question. We are due to receive money to distribute but still haven't heard anything about will dispute. If it is being taken to court would we be informed about it or are we expected just to wait to hear. We haven't received any paperwork to state it has gone to court. I just wondered if we would be informed if it was going any further. thank you