Early Distribution Insurance

Peace of mind for executors and beneficiaries:

  • 1 Policy covering claims from unknown dependents forever
  • Insurance protection if the estate is distributed prior to the end of the statutory 6 month period.
  • Provides protection after the 6 month period
  • Inheritance Act Insurance protecting the executors, personal representatives and beneficiaries
  • Finance Available * See below
Early Distribution Insurance

Insurance against Inheritance Act claims. Protection for executors, personal representatives and beneficiaries

What we do

We make it easy for executors or administrators to arrange Early Distribution Insurance online.

Getting a Quote

Complete our enquiry form and we will obtain a quotation for you from our insurer partner.

Supporting You

We can support you via online chat between 9am to 5pm (Mon- Sat). Alternatively please contact us

What's on this page

On this page, you will find a lot of useful information to help you arrange Early Distribution Insurance in the UK.

If you already know what insurance you need, you can click 'Get a Quote'.

We will use the information you provide to obtain a quotation from our underwriting partner, CLS Property Insights, who underwrites Early Distribution Insurance on behalf of Great Lakes Insurance SE.

If you have questions on the cover you should find they are answered on this page. If not, start a chat or contact us.

You can click on any of the items in 'Contents' to jump to the section that interests you.

Contents

What is a Early Distribution Insurance?

Early distribution insurance protects executors, personal representatives and beneficiaries from claims by unknown dependants under the Inheritance Act 1975.

The Act allows people to claim against an estate if they feel that the estate has unfairly excluded them or not adequately provided for them.

The cover has two elements: 

  1. It provides insurance protection to allow the early distribution of the estate;
  2. Protection from Inheritance Act claims if the statutory 6-month waiting period is complied with. 

Distributing the Estate Early:

Normally, executors have to wait 6 months after the Grant of Probate is issued before they can distribute the estate, in case any claims are made. This is a requirement under the Act also.

But there are times when it makes sense to consider distributing the estate before the 6-month period ends, such as:

  • If the deceased had beneficiaries or dependents who need the funds.

  • When the estate is small and simple. Where there are no taxes or debts to pay then it could be possible to distribute the estate quickly.

  • When the executors and personal representatives have a good understanding of the estate’s assets and liabilities. If there are no known issues, then it may make sense to distribute the estate earlier.

  • When there are no known potential claimants. If there are no people who could claim against the estate, then there is less risk in distributing it early.

  • The deceased may have expressed a desire to distribute the estate quickly. Perhaps they wanted to ensure their dependents didn’t struggle financially by waiting an unnecessary period for their inheritance.

If the estate needs to be distributed early, it is sensible to consider insuring against the risk of potential claims from unknown dependents.

Where can early distribution claims come from

A claim can come from a person who believes they fall under the definition of a “dependant” under the provisions of the Inheritance (Provisions for Family and Dependants) Act 1975, and:

  1. Where you did not wait until the end of the 6-month expiry period (a claim could be made before the estate was distributed); or

  2. Where the statutory period was met before distribution of the estate but where a dependant has a successful claim outside of the statutory limitation.

The people who fall under the definition of the Act are:

  • The spouse or civil partner of the deceased

  • A former spouse or civil partner of the deceased, if they were married or in a civil partnership for at least two years immediately before the death

  • A child of the deceased

  • A child of the family of the deceased (this includes stepchildren, adopted children, and children who were treated as children of the family by the deceased)

  • A dependant of the deceased (this includes people who were financially dependent on the deceased, such as a parent or sibling).

The court can make several orders under the Act, including:

  • An order for a lump sum payment

  • An order for periodical payments

  • An order for the transfer of property

  • An order for the variation of the deceased's Will

So as you can imagine, Early Distribution Insurance claims can be sizeable.

What are the benefits of Early Distribution Insurance?

  • The policy provides cover forever.
  • The insurance allows for early distribution of the estate: This policy allows beneficiaries to get their inheritance sooner. This is something that many beneficiaries want, and the policy provides them with the protection of insurance.
  • It is a best practice protection: This policy provides more protection than the Inheritance Act. This is important because some dependants may have a strong claim to the estate even after the 6-month period.
  • The insurance protects the executors, personal representatives and beneficiaries: This policy protects executors from personal liability. It also protects beneficiaries from unknown risks.
  • If the statutory limitations were not met but all reasonable checks were performed, the policy allows for an earlier closure of the file. This can help reduce the estates legal costs.

How much does Early Distribution Insurance Cost?

The cost of early distribution insurance will vary depending on a number of factors, including:

  • The size of the estate;

  • The complexity of the estate; and

  • The likelihood of a claim being made.

Our insurance cover, provided by CLS Property Insight has a minimum premium of £112 (including Insurance Premium Tax). So not a huge cost for the peace of mind the insurance provides.

What is insured on an Early Distribution Insurance Policy:

  • Claims from unknown dependants that fall under the provisions of of the Inheritance (Provisions or Family and Dependants) Act 1975.
  • Any defence costs
  • Any other costs and expenses you incur with the Insurer’s written consent because of an Insured Risk

What is not insured on a Early Distribution Insurance Policy:

The Insurer can refuse to pay a loss or reduce any payment for the loss because:
  • of a loss arising from any matter which the insured party was aware of at the Inception Date; and/or
  • a claim made from any party who is not a dependant of the deceased; and/or
  • non UK assets; and/or
  • The insured party confirming a statement of fact to us which the insured knew or could reasonably have been expected to know was not true; and/or
  • The insured party makes a claim knowing that it is false or fraudulent; and/or
  • The insured party discloses this policy exists to another person.

Cover restrictions to be aware of

Here are some conditions you need to be aware of when buying early distribution insurance.

The insured party will not, without the written consent of the Insurer:
  • Disclose the existence of this policy, other than to respective Legal representatives;
  • Communicate on any matter regarding an insured risk with any party who, it is reasonable to believe, may have an interest in enforcing an insured risk;
  • Any Additional Condition contained in an Insured Risk Appendix attached to your Policy.

Making a Claim

If a claim occurs on an early distribution insurance policy you must adhere to all the claims conditions listed in the policy.

Failure to do this could mean the insurer rejects your claim, or they could reduce the value the policy pays out if the breach of conditions increases the value of the loss.

You should ensure you read and understand all of the policy conditions listed in the policy.

Here are some pointers on what you should do in the event of a claim:

  1. You should never tell a third party about the existence of this policy.

  2. If there are circumstances that might cause a claim, you must tell the insurer in writing as soon as possible. You should also provide the insurer with as much information and documentation as you can.

  3. Don't incur any costs relating to a claim without first consulting your insurer

  4. Never admit liability or offer to pay or settle with someone else. You should refer the matter to your insurers claims team.

  5. Pass all correspondence and requests for meetings to your insurer's claims team.

For full details of your claims conditions, you must read your policy wording or speak to the insurer's claims team for guidance.

Arranging Finance for Early Distribution Insurance

If there aren’t funds in the estate to pay for the insurance protection upfront, you and the beneficiaries don’t need to worry.

Insuristic customers can fund the cost of any of our Probate Insurance Policies with our partner, FSL Finance.

The loan is simple to arrange, with 90% of applications being accepted immediately.

There are no arrangement fees or early repayment charges. 

Once a loan is approved, the money is paid to Insuristic to finance your insurance policies.  You will then need to pay FSL Finance a monthly amount until the loan is repaid.

If you need cover before the loan is repaid, we can help you.  Instructions on what to do in this scenario will be provided in your quotation.

You can find out more or start an application on our Probate Loans page.

Frequently Asked Questions

You can buy a policy as soon as you have the Grant of Probate (if there is a Will) or Letters of Administration (if there is no Will).

The executors, personal representatives and beneficiaries are at risk of having to pay:

  • Legal defence costs;

  • Any sum awarded to a successful claimant

  • Other expenses relating to the legal action (travel, loss of income etc.)

Clearly this could be a sizeable amount and financial risk, so for peace of mind you should consider Early Distribution Insurance.

If you have Early Distribution Insurance you should speak to your insurers claims team immediately. You should also send them any correspondence from claimants or their legal parties. Do not acknowledge these communications or speak to the claimant or their legal advisors, let your insurer do this on your behalf.

Any executor or personal representative wishing to distribute the estate before the end of the 6-month waiting period should consider purchasing early distribution insurance for theirs and the beneficiaries protection.

The insurance will also provide protection of their is a claim from a dependant outside of the statutory limitation.

As an executor or personal representative, it is your responsibility to ensure the estate and the beneficiaries are adequately insured.

You should be considering the following types of insurance (click the links to go to the relevant page):

We have written a guide to Executor Insurance, which explains the need for these types of policies. You can find out more here: https://insuristic.co.uk/executor-insurance/

Why not try Insuristic for an early distribution insurance Quote?

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About the Author

Rob Faulkner CEO of Insuristic

Hi, I'm Rob, CEO and Founder of Insuristic. My mission is to make insurance easier to understand and buy online.

I hold an Advanced Diploma in Insurance (ACII) which demonstrates I have a solid technical understanding of Insurance and have committed to continuous professional development. I am also a member of the Chartered Insurance Institute and hold the a Chartered Insurance Broker status.

Over the last 27 years, I have worked for insurers, insurance brokers and insurance technology businesses, specialising in product, sales and marketing.

You can find out more about me on my author page.

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