Has someone threatened inheritance claims against an estate you’re managing?
Whether it’s a formal claim or just a warning, how you respond matters. Executors and personal representatives have legal duties and personal risks.
This guide explains the steps you should take to protect yourself and the estate.
There are legally recognised grounds for disputing a Will or making a claim against an estate. These include:
That said, not every claim is genuine—some may be speculative. Evidence is crucial.
Start by gathering information. It’s reasonable to ask the person making the claim to:
As the executor, you’re also entitled to:
Depending on the claim, expert input may also be needed—such as a retrospective capacity assessment by a medical professional.
There often isn’t a formal deadline for informal threats—but delays can be risky. Prompt action helps protect both the estate and your personal position.
If you receive formal court papers (which will bear a court seal), strict deadlines apply—usually two to three weeks. During this time, you may need to gather significant evidence and submit formal responses. In these cases, immediate legal advice is critical.
Yes, especially if a claim has been formally made. Delays or missteps can expose you to personal financial risk, including the possibility of paying costs from your own assets.
Specialist legal support will help you:
Getting help early ensures you’re protected throughout the process.
If there is any sign of a dispute, you should immediately seek advice from a qualified Contentious Probate Solicitor.
Insuristic can help you arrange a free consultation.
[Click here to Find a Specialist Contentious Probate Solicitor]
Executors can face unexpected inheritance claims, from omitted dependents to underinsurance issues or missing heirs.
These executor insurance products can help reduce risk and protect both executors and beneficiaries from financial loss.
Estate properties are often underinsured, especially if they’re unoccupied. Probate Property Insurance ensures the property is properly covered, helping prevent disputes or losses caused by rejected claims or gaps in cover.
Section 27 Insurance removes the need to publish section 27 creditor notices and wait two months before distributing. Instead, it protects against claims from unknown creditors, allowing inheritance to be distributed sooner, without exposing executors to liability.
Executors normally wait six months after probate is granted before distributing the estate, to allow for Inheritance Act claims. Early Distribution Insurance provides protection if funds are released earlier and a dependent later brings a valid claim.
If another Will is discovered after distribution, this Missing Will Insurance protects executors and beneficiaries by covering legal defence costs and any award made to a successful claimant, up to the level of indemnity.
Missing Beneficiary Insurance covers the risk of someone later claiming they were entitled to inherit, either because the Will used vague language (e.g. “all grandchildren”) or because a beneficiary was unknown or untraceable during administration.
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Disclaimer: This article provides general information only and should not be taken as legal advice. For personalised support, please consult a qualified probate solicitor.
As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.
Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.
These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.
Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.
Arrange a FREE consultation with a Contentious Probate Solicitor.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate.
This page is based on original materials provided by IDR Law, with thanks for their permission and collaboration.
Legal Disclaimer:
This article is for general information only and should not be taken as legal advice. If you need specific guidance on probate or estate administration, please seek professional legal advice — you can find a probate solicitor here.
Rob Faulkner is a leading expert in executor insurance risk and probate insurance, with nearly 30 years’ experience in the UK insurance market. He is the founder of Insuristic, a specialist provider of probate-related insurance solutions and educational content for executors.
Rob is an ACII Chartered Insurance Broker, a Chartered Manager, and a Member of the Chartered Institute of Marketing. His background spans insurers, brokers, and Insurtechs, always focused on innovation, transparency, simplicity, and fair value.
He’s passionate about helping everyday people, executors, beneficiaries, and law firms choose the right probate property insurance or unoccupied home insurance, without jargon, inflated fees, or hidden commissions.
Rob is especially passionate about product development and improving insurance education through marketing, helping people understand what they are buying. These values sit at the heart of everything we do at Insuristic.
Want to learn more? Visit my author page or follow me on LinkedIn.
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