Last Updated on 23rd February 2025
The dangers of inheritance claim delay
Inheritance claim delay can lead to the money in an estate being distributed or dissipated before your case is considered. There is also risk of of falling foul of time limits under the Inheritance Act. It is therefore vital to seek specialist advice as soon as an issue arises. Contact our team for a free consultation today. Call 0333 888 0407 or email us at [email protected].
A window cleaner who inherited £300,000 from an elderly customer appeared before the High Court. Albert Pearce (aged 83) had inherited the fortune after befriending the deceased, Julie Spalding (aged 98). But the court ordered him to hand the inheritance back to the deceased’s family.
An Inheritance Act claim was brought by the deceased’s nephew, Cecil Bray. In 1996 Mr Bray had given up work to live with and care for his aunt. In return, she promised he would inherit her estate upon her death. However, in 2005 after what was described as a “series of major personality changes” the deceased asked Mr Bray to leave her property and essentially cut him out of her life.
Albert Pearce, her friendly window cleaner, subsequently appeared on the scene. He befriended Julie Spalding and helped to care for her. In 2008 she died. Her Will left her estate, worth almost £300,000, to Mr Pearce.
In 2014 Mr Bray, the aggrieved nephew, pursued a claim for the estate to be paid to him instead of Mr Pearce. The Court did not agree that Mr Pearce had ‘unduly influenced’ the deceased but it did agree that Mr Bray was entitled to rely on the promise of inheritance from his aunt. The Judge therefore ordered Mr Pearce to return the estate assets to Mr Bray.
Given the time which had passed (2008-2014), Mr Pearce claimed that he had exhausted all of the assets in the estate and had been declared bankrupt. He said he had spent all of the inheritance on gambling and travelling and was therefore unable to return the money to Mr Bray. However, it was alleged that his story was not true and that Mr Pearce had in fact squirreled the money into various bank accounts in an attempt to conceal his fortune and in order to be declared bankrupt.
This case highlights the dangers of inheritance claim delay. If there is a concern that an executor is about to distribute or dissipate an estate it is vital to act quickly and take specialist legal advice. We are left wondering in this case whether if Mr Bray had acted more promptly after his aunt’s death steps could have been taken to ensure that Mr Pearce was prevented from spending or dissipating the estate assets.
Those wishing to make an inheritance claim must also be careful not to fall foul of the time limits under the Inheritance Act.
If you are considering an inheritance claim and are concerned that the estate assets are in danger of being distributed or dissipated then call our FREE HELPLINE on 0333 888 0407 or email us at [email protected]