Q&As

How can a potential claimant protect the assets of the estate when pursuing a claim for family provision under the Inheritance Act 1975?

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Published on LexisPSL on 20/03/2018

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • How can a potential claimant protect the assets of the estate when pursuing a claim for family provision under the Inheritance Act 1975?

Once the executors are on notice of a claim or potential claim they must not do anything to prejudice that claim (Re Ralphs) and they should adopt a neutral approach in respect of the claim. The claimant should therefore bring or notify the executors of the claim as soon as possible.

The following extract is taken from: The terms of the protecting provisions: Inheritance Act Claims 12[2A]:

‘The moral for the claimant is to bring or notify the claim as soon as possible either before or after the grant. Once that is done the personal representative is on notice and should not make any prejudicial distribution. But, as the crucial word is “prejudicial”, a distribution which could not be so described would be permissible. This approach also avoids unnecessary applications under s 5 for interim orders. Once personal representatives have notice of

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