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Probate Claims and the Ticking Clock
3 July, 2024 4 minutes reading time
If you believe someone has unfairly left you out of a Will or you’re dissatisfied with your inheritance, you may have legal options. However, the recent case of James v Scudamore is a stark reminder that acting promptly is crucial in probate claims.
Understanding Probate Claims
When someone passes away, their estate goes through a legal process called probate. Probate claims are legal challenges to the distribution of an estate or its administration.
Essentially, there are three main ways to challenge a Will:
1. Challenges to the Validity of a Will. These claims argue that a Will is invalid due to a lack of mental capacity, undue influence, or forgery. Generally, no limitation period applies to these claims, but undue delay may weaken your case.
2. Inheritance (Provision for Family and Dependants) Act 1975 Claims. These are claims for ‘reasonable financial provision’ from the estate. They are typically made by spouses, children, or those financially dependent on the deceased. ‘Reasonable financial provision’ is a legal term that refers to the amount of money or property that a court considers fair and necessary for the claimant’s maintenance. These claims are subject to a strict six-month time limit from the date of the Grant of Probate.
3. Absence of or Improper Estate Administration. This involves claims where there’s evidence that the executors haven’t appropriately acted or failed to administer the estate according to the Will or intestacy rules (the rules that apply when someone dies without a Will). Once again, these claims have no strict time limit, but acting sooner is always preferable.
The Importance of Acting Promptly
There’s a good reason for strict deadlines for Inheritance Act claims. The law aims to balance the interests of beneficiaries who expect to receive their inheritance with those who may have a legitimate claim. Delays invariably lead to complications. Often, assets have been distributed before a claim is filed. Naturally, this makes it harder to resolve disputes.
However, acting quickly is advantageous even in cases with no strict time limit, like challenges to the Will’s validity or estate administration claims. Delaying action can lead to difficulties gathering evidence, witnesses becoming unavailable, or the estate being significantly altered.
Unjustified Delay in James v Scudamore
The recent case of James v Scudamore and others [2023] EWHC 996 (Ch) is a cautionary tale, highlighting the dangers of waiting too long to act. In this case, the claimant, Martyn James, challenged his father, Ivor’s Will, claiming it was not properly prepared.
Ivor’s original 1998 Will left Christine with a life interest in Ivor’s marital home. On her death, the Will stipulated that Ivor’s two sons, Martyn and Raymond, would inherit the property. However, the 2002 codicil changed her life interest, leaving the property to Christine.
Ivor died in June 2010, and Christine obtained a grant of probate, distributing the assets in 2011. Martyn believed the 2002 codicil was not validly executed. While he took legal advice in 2013, he waited seven years until 2020 to challenge its validity. By then, key witnesses (including Christine) had passed away.
When the High Court heard the case in 2023, Judge Matthews ruled against Martyn, saying his delay in bringing the case made it unfair to change the Will now. Additionally, the judge questioned the truthfulness of the son’s claims.
Key Takeaways
1. Don’t Delay. If you believe you have a valid claim, seek legal advice as soon as possible. Even in cases without strict time limits, acting promptly strengthens your position.
2. Gather Evidence. Collect relevant evidence, such as financial documents, correspondence, and witness statements, to build a strong case.
3. Consider Mediation. Probate disputes are emotionally and financially draining. However, mediation can offer a quicker, more amicable resolution, potentially saving you time, money, and emotional stress. It’s a constructive way to find a solution that respects everyone’s interests.
Our Advice
Probate disputes can be complex and emotionally challenging, but understanding your rights and the available legal avenues is crucial. If you have concerns about the distribution of an estate or its administration or are unsure whether you may have a claim, we strongly encourage you to seek expert legal advice as soon as possible. This will provide the necessary guidance and support to navigate the process effectively.
Our experienced team can provide expert guidance throughout the process, including exploring mediation. Please don’t hesitate to get in touch. We’re here to help.
Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.