If you are an executor or a beneficiary of an estate, you may find yourself needing to defend an Inheritance Act claim. In some situations, you may be both an executor and a beneficiary.
As an executor or personal representative, you are required to provide the court with information about the deceased’s estate. If you have no personal interest in the estate (meaning you are neither a claimant nor a beneficiary), you should adopt a neutral position in the proceedings. Failing to remain neutral may result in the court making a costs order against you.
As a beneficiary, you may choose either to actively contest the claim or to remain neutral. There can be different cost consequences associated with each approach, and we would be happy to guide you through these.
If you would like to discuss this further please do not hesitate to contact us or request a callback.
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