If you’re administering an estate and receive a formal legal letter, it could be a Letter of Claim—the first step in a potential inheritance dispute. As an executor or administrator, how you respond could affect the entire estate, and your own legal position.
These letters can feel intimidating, but they also provide an opportunity to resolve disputes early. This guide explains what they mean, what they include, and how executors or beneficiaries should respond.
A Letter of Claim (sometimes called a “letter before action”) is a formal legal document sent by a potential claimant at the start of a legal dispute. It sets out their position, outlines the issue, and gives the recipient an opportunity to respond—ideally resolving the matter before court action is launched.
In probate disputes, this could relate to:
Under the Pre-Action Protocols (which aim to encourage early settlement and reduce court cases), a valid Letter of Claim will typically:
The aim is not to provoke—but to clarify each side’s position and give an opportunity to resolve the issue without the expense and stress of litigation.
If you receive a Letter of Claim, you don’t necessarily have to respond in full straight away. However, you should:
The goal at this stage is to narrow the issues, explore settlement, and avoid court wherever possible.
Letters of Claim are a normal part of contested probate and inheritance cases—but they must be handled correctly. A well-considered response could prevent the matter from escalating and protect all parties from unnecessary costs.
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.
Content Note: This page is based on original materials provided by IDR Law, with thanks for their permission and collaboration.
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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