What if you’ve not received an inheritance your are due under a will
There could be number of reasons why you’ve not received an inheritance that is due to you under a will, but the most common cause for complaint is delay on the part of an executor.
Executor delays
Administering an estate can take time, so beneficiaries do need to be patient. Even where the deceased’s estate is small, the probate process in the UK might take a while.
Before any consideration can be given to distributing an estate, the executor must first obtain a Grant of probate. Once probate has been granted various legal steps then need to be taken to administer the estate according to law. It is only towards the end of that process that the executors can contemplate making a final distribution.
The steps that executors must take include; settling debts and liabilities such as funeral costs, utility bills and paying any tax that is due. Executors must also collect in all the assets, and this may involve selling a property.
Where an estate includes overseas assets it can complicate matters. Consideration must be given to the laws and regulations in the other country where the assets are situated before they can be sold or transferred to the UK.
Any claims made against an estate will further delay matters. This includes a challenge to the validity of will or a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Tax issues can be complex, and usually need to be fully resolved before distribution takes place.
And finally, if any known assets are missing, then it is likely that investigations will need to be conducted in order to ascertain their whereabouts.
What can we do to help?
If you feel that the executors are dragging their feet and are not progressing the administration of the estate, or you believe that there is no reason why distribution of your inheritance should be further delayed, then contact our us for free initial guidance.
