Inheritance Act Claim Threatened: What Should an Executor Do?
Check the Grant date and the nature of the claim
This guide is for executors and administrators, not people bringing a claim. A 1975 Act claim seeks financial provision; it does not automatically invalidate the will, stop probate or entitle the claimant to payment. A caveat is not automatically appropriate for such a claim. Separate any will-validity issue, ownership dispute or accounts request.
Section 4: except with the court’s permission, an application must be made within six months from when representation is first taken out. Check the first Grant, not simply the death date or a solicitor’s letter. The court may permit a late claim: expiry does not automatically remove all risk.
A claim can be started before a Grant. The six-month period is not a requirement to wait. CPR 57.16(3A)–(3B) provides for a pre-Grant claim and directions about representation of the estate.
A private standstill does not extend the statutory period itself. Its wording and effect need specialist litigation advice. Do not give an unlimited promise not to distribute.
What does an Inheritance Act claim ask the court to decide?
Being eligible to apply does not establish entitlement to an award. The court considers whether the will or intestacy arrangements make reasonable financial provision for the applicant and, if not, what provision should be made. The statutory assessment includes financial resources and needs, the deceased’s obligations, the estate’s size and nature, disability and other relevant circumstances.
The applicable standard depends on the applicant’s category: provision for a surviving spouse or civil partner is not necessarily limited to maintenance; other applicants’ claims generally are. A claim therefore needs individual assessment, rather than an assumption that family relationship or dissatisfaction with the will guarantees payment.
What should the executor do now?
- Clarify the threat: ask for the basis, claimant’s relationship, broad provision sought, material facts, whether proceedings are issued and the proposed distribution or disclosure arrangements.
- Preserve the estate: secure assets and prepare current information about liabilities, tax, costs and beneficiary interests.
- Remain neutral: distinguish estate administration from beneficiaries’ competing positions. If you are also a beneficiary, separate your capacities and consider independent advice.
- Assess distribution: review the known threat, liabilities, proceedings, proposed undertakings and appropriate retention before taking irreversible steps.
- Define the next stage: focused disclosure, a carefully framed time-limited arrangement, negotiation or mediation may be appropriate. Review dates and an exit point prevent drift.
A threat need not stop every administrative task. Collecting assets, paying proper liabilities, maintaining property, dealing with tax and preparing accounts may continue where appropriate. Issued proceedings, limitation questions or imminent deadlines require prompt specialist litigation advice; do not wait for Stage 01.
Can an executor distribute after an Inheritance Act claim is threatened?
There is no automatic yes or no. Before distributing, assess the known threat, the first Grant date, any issued proceedings or proposed undertaking, estate liabilities and the funds that may need to be retained. The expiry of six months does not, by itself, establish that distribution is safe. The explanation of Section 20 below sets out the limits of its protection.
What if a claim is threatened but proceedings have not been issued?
Clarify the basis of the claim, whether proceedings have been issued and what information or arrangement is sought. Set a realistic review date and record the reasons for any retention. A threat need not stop every administration task, but silence or the absence of issued papers is not an assurance that a claim will not follow. Limitation questions, standstills and imminent deadlines need prompt specialist litigation advice.
Documents and facts to locate if you have them
You do not need all of these before enquiring. If documents are unavailable or being withheld, mention that in your enquiry.
- The first Grant and its date, the will and any codicils.
- The threat, letter before claim, issued papers and any proposed standstill or undertaking.
- Current assets, liabilities, tax, costs and beneficiary interests, identifying estimates and missing information.
- Previous distributions, proposed payments, available liquid funds and known deadlines.
Neutrality, disclosure and estate-funded costs
The executor administers the estate rather than deciding the merits of rival financial claims. Practice Direction 57 permits a personal representative who wishes to remain neutral and abide by the court’s decision to state that position in the acknowledgment of service. Neutrality does not mean ignoring papers, withholding estate information or leaving assets unprotected. If you are also a beneficiary opposing the claim, distinguish that personal interest from your representative role and obtain advice about separate representation.
Alsop Wilkinson v Neary [1996] 1 WLR 1220 supports neutrality in rival-claimant disputes. Taking sides can affect recovery of costs from the estate; the nature of the dispute and court directions matter. A family-provision claim is subject to civil litigation costs rules: neither the family relationship nor the existence of an estate guarantees that everyone’s costs will be paid from it. Obtain advice before funding contested positions from estate assets. Neutrality still requires accurate information, asset protection and lawful implementation of a settlement or order.
Proportionate pre-action disclosure may include the estate summary, Grant, will, liabilities, costs and beneficial interests. In proceedings, CPR 57.16 and Practice Direction 57 require a personal representative defendant’s evidence on the net estate, beneficial interests and their value, beneficiaries who are children or lack capacity, and relevant facts affecting the court’s powers. Protect irrelevant living-person data without withholding necessary estate information.
What if court papers have been served?
Obtain litigation advice promptly, even if you intend to remain neutral. Under CPR 57.16, the usual period for a defendant to file and serve an acknowledgment of service and written evidence is 21 days after service of the claim form. Service outside the jurisdiction and any court directions require separate checking. A personal representative defendant must provide the required estate evidence; neutrality does not remove that duty. Human Law does not conduct the proceedings, and an enquiry to us does not suspend a deadline.
Section 20, partial distribution and settlement
Section 20(1) provides limited protection for distributions after six months: the Act does not make a personal representative liable merely because they should have anticipated permission for a late claim. It does not prevent recovery from recipients or resolve every other distribution risk. It is not universal permission to distribute as soon as six months expire.
A known threat, incomplete administration, proposed standstill or other material risk needs assessment. Beneficiary indemnities do not automatically eliminate duties or guarantee recovery. Partial distribution may be suitable after considering liabilities, the claim, potential costs, available liquid assets and a prudent contingency. There is no standard reserve percentage; record the basis and review date.
Any standstill must identify parties and capacities, retention, disclosure, permitted administration, duration, termination and fall-back arrangements. The court retains jurisdiction over a late application.
A neutral executor should not assume authority to compromise beneficiaries’ substantive interests alone. Settlement may require affected adult beneficiaries’ agreement, separate representation, approval for children or protected parties, tax advice and formal court documentation.
Your review is with Justin Patten, Solicitor.
Your document review and consultation are conducted directly with Justin.
Stage 01: Factual Audit & Action Plan
£400 + VAT (£480 including VAT)
We assess the executor’s administrative position, Grant and distribution timing, the threatened claim and evidence gaps, then identify proportionate preservation, disclosure and non-court options.
- Review of up to 20 selected pages of core correspondence and documents.
- A focused 30-minute consultation directly with Justin Patten.
- A two-page written Action Plan identifying the position, risks and proportionate next steps.
Normally delivered within three working days after the consultation and receipt of all required documents. The £400 fee is credited once against the first qualifying milestone instructed within 14 days; see pricing and scope terms.
You can send a brief enquiry without choosing a paid review. An enquiry does not commit you to payment.
Submitting an enquiry does not create a solicitor-client relationship or commit you to payment. If we agree to proceed, Stage 01 is a limited-scope engagement. Further work is assessed, scoped and agreed separately. Human Law does not conduct litigation or act on the court record.
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Supporting authorities
Inheritance (Provision for Family and Dependants) Act 1975, section 1, section 3, section 4 and section 20; CPR Part 57, Practice Direction 57, paragraphs 15–16 and CPR Part 44; Alsop Wilkinson v Neary [1996] 1 WLR 1220.
General information for England and Wales, not advice on an individual estate. The appropriate route depends on the documents, procedural position and circumstances.
About the author: Justin Patten, Solicitor, principal of Human Law and author of The Out-of-Court Executor. About Justin Patten →