I have an estate where we have been notified of a potential claim against the estate by a disgruntled relative. The relative would not qualify as a claimant under the 1975 Act. It is anticipated that any claim would need to be made as a result of undue influence / lack of capacity at the time of making the will.
Can anyone please advise me:
· What the limitation period is on such a claim?
· What steps can be taken to protect the executors and enable the administration of the estate to be concluded?
There is no time limit on claims that a will is not valid.
If the relative does not retract, or particularise, their concerns (so
that they can be properly considered) an application can be made to
court requiring them to “put up or shut up”. However a reasonable period
will need to be allowed before making such an application.
Such an application might also best be made by the beneficiaries
entitled under the (disputed) will, as the executor might not be
entitled to their costs if the relative can justify their position.
Until the matter is resolved, it may be a brave executor who made any
distribution under the (disputed) will.