Losing a statutory legacy

Am I right that according to Re. Bhusate 2018 a spouse can lose their right to the statutory legacy if it is not claimed within 12 years?

I am in the process of receiving instructions from a widow whose husband died about 11 years and 11 months ago. What steps can be taken (if any) so that the stat legacy is not lost bearing in mind it will be a race against time to obtain the grant.

s.9 Administration of Estates Act 1925 (as amended) provides that between the date of death and the issue of a grant, the estate of a person dying intestate vests in the Public Trustee.

I suggest a claim be sent to the Public Trustee, copied to the other interested parties. The claim should probably be addressed to “the personal representatives of …”.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

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