The longer the time from a person’s death, the harder it can be to dispute inheritance. It is still possible, but there are two main issues that can arise.
1. Gathering evidence
It can be difficult to gather enough evidence to support your case because everything is old. Witnesses may have died, or will files and other documents may have been destroyed.
2. Overturning previously settled cases
It can be difficult to challenge the administration of an estate that was carried out and settled a long time ago, if it was considered to have been carried out correctly and in good faith at the time.
The courts may be reluctant to overturn or interfere with a case that was considered settled, and all decisions made around the estate were considered correct.
IDR Law is here to help: IDR Law can help assess your circumstances and advise on the likelihood of a dispute being considered by the courts.
Guidance on Probate: Has probate been granted?
The probate process in the UK is the legal procedure that happens after someone passes away to handle their assets and property.
The probate process can vary depending on the complexity of the estate and the presence of a will, and can take several months to complete.
What stage the probate process is at can have an impact on raising a dispute. Read the guidance below to learn more about how probate may affect any challenge to the inheritance arrangements.
What actually is the probate process?
- Start with a Will: If the person who passed away (the deceased) had a will, it usually names an executor. This is the person responsible for carrying out the deceased’s wishes regarding their assets.
- Applying for Probate: The executor must apply for a document called a “Grant of Probate” from the Probate Registry. This grant gives them the legal authority to manage the deceased person’s estate.
- Gather Information: The executor collects information about the deceased’s assets (like property, bank accounts, and investments) and debts (such as loans or bills).
- Valuing the Estate: The value of all the assets and debts is calculated. This is an important step as it determines whether or not inheritance tax needs to be paid.
- Settling Debts and Taxes: Any debts and taxes owed by the deceased are paid from the estate. This includes things like outstanding bills and inheritance tax.
- Distributing Assets: Once debts and taxes are settled, the remaining assets are distributed according to the instructions in the will or, if there’s no will, according to the rules of intestacy.
- Final Accounting: The executor provides an account of how they’ve managed the estate to the beneficiaries and the Probate Registry. This includes a detailed list of assets, debts, and how everything was distributed.
- Closing the Estate: After all these steps are completed, the estate is considered “wound up,” and the probate process is finished.
How do I establish whether probate has been granted?
You can find out whether a probate has been granted simply by visiting the Government website. It is a straightforward procedure in that you enter the deceased’s full name and date of passing.
[https://probatesearch.service.gov.uk]
You will find all the necessary information here, including the date the Probate was granted. Additionally, you can purchase a copy of the grant/will.
You can find out whether Probate has been granted, when it was granted, who it was granted in the name of, and the net estate value.
What if probate has already been granted?
A will is confidential to the executors until it becomes a public document. Once a grant of Probate is issued, it’s a public document that everybody can access to view the details of an estate.
Are there any time limits?
- Claims for financial provision
If you challenge inheritance arrangements on the grounds of requiring financial support, there is a six month time limit to bring a claim following the grant of probate.
- Disputing the validity of a will
If you believe the will to be incorrect you can dispute the validity. There is no strict time limit to dispute the validity of a will. However, it is recommended to do so within 12 months of the grant of Probate.
But, what if probate has not been granted yet?
- Depending on the complexity of the estate, probate can take between 6-12 months. There may be several reasons why a grant of Probate is yet to be granted, such as a caveat being opened against the grant (see below), issues with the will, or inheritance tax, etc.
- Before the grant of Probate is issued, the executors legally have the right to deny sharing the details of the estate or will. If you are a beneficiary of the Probate, you will have the right to keep updated on its progress.
- Suppose you are not a beneficiary, and your name isn’t included in any part of the will, in that case, you aren’t entitled to access any details of the progress with the Probate.
- If you feel you should have been included in the will and informed of the probate progress, you can enter a caveat to halt proceedings until the situation is resolved. If this sounds like something that applies to you, read the guidance around caveats below.
Is there a way of checking my legal rights before contacting a solicitor?
Yes there is! At IDR we have created a tool that can help you understand the legal issues around these disputes and give you an instant answer to whether anything can be done to resolve your situation.
The tool asks a series of questions covering the typical issues people face in an inheritance dispute situation. It provides detailed guidance to help users understand whether they have the right to dispute and then advises on the likelihood of success based on their situation.
The tool is completely free and easy to use.
Start here