Hi Everyone,
I am dealing with an estate where the deceased died in 2023. The executors are the deceased sister and one of the partners of the firm. Statutory notices were taken out in July 2023 with period ending in November 2023 for the period of notifying any claims. Grant of probate was granted on 16th July 2024 and the executors are in the process of distributing the estate. Probate was granted on the most recent Will, which the deceased signed in March 2023, three months before his death. We were notified in mid December 2024 of a potential claim from a beneficiary of a previous Will of the deceased, who had been subsequently removed after a falling out with the deceased. This beneficiary is a friend and would not qualify as a claimant under the 1975 Act. Notification from his solicitors were sent to us questioning the validity of the new Will and querying the capacity of the deceased. A Larke v Nugus request was sent and replied by us. We have not heard from the solicitors any further and it has been over 2 months. Am I correct in thinking that as the potential claim is outside the statutory notice period, then they will need to make an application to the court to bring their claim? Can we continue distributing the estate but notify the beneficiaries of the potential claim? The beneficiaries are a lay individual and charities. Can anyone confirm the limitation period for such claims? Is it best to take out an indemnity policy to the cover the executors of future claims, allowing them to distribute?
Your opinions are much appreciated.