Comprehensive Cover
Cover where there are no specific concerns, but protects against future unknowns. This policy provides peace of mind for all involved in the distribution of the estate.
Find out moreSpecific Risk Probate Cover
Speeding up the distribution of difficult estates
Professionals engaged in estate work will be familiar with unexpected difficulties or delays that can arise when administering an estate. There are a range of issues that can complicate the process, which can result in lengthy delays, large financial costs and sometimes even the full loss of the estate.
There are a range of insurance options available to respond to many of these issues and speed up the distribution of an estate. It can be an alternative to reserving funds to pay for future claims, or even going to court. DUAL Asset’s policies can provide protection for the personal representatives, the beneficiaries and their legal advisors in perpetuity and for a single premium.
Bespoke policies can also be provided for existing disputes and claims where there is no easily available remedy and the distribution of the estate is being held up.
Examples of Specific Risk Covers
On a precautionary basis (i.e. no specific beneficiaries, but can’t be absolutely sure)
ORKnown beneficiary that can’t be traced either on intestacy basis or named in a will
On a precautionary basis where searches have not revealed one and there likely was never one
ORBelief or suspicion there may have been a will, but one can’t be found
- Where beneficiaries are seeking an early distribution before the expiry of the 10 month claim period
Challenges often cause lengthy delays and costly in fees, so eat into the estate pot
Cover usually where individuals have started to make a claim, won’t change or move their stance or withdraw a claim (even if it’s spurious), but there’s a need to move on and distribute the estate
- Where a beneficiary does not wish to sign an indemnity form to the executors. They want to be free to spend their inheritance without fear of having to pay this back, if the executor receives a claim
OR
- Where an indemnity form is signed and the insurance policy is there to “back this indemnity up” in the event it is ever called upon by the executors
Where there is a concern about a missing close relative of the deceased who is not inheriting, where they may come forward at a later date to claim their entitlement under Scottish legal rights laws
- Where there are concerns non-UK succession laws may apply to the deceased’s estate, perhaps because of their domiciled status
OR
- Because of an ambiguous or contradictory clause in their UK or foreign will
Not a direct alternative to PI - but an area of law where potentially a lawyer can be deemed as “negligent”, not by intent, but because of complexities involved
In the case of a claim, the liability moves from PI provider to an Executor and Inheritance policy
Policies can be used to reduce costs by PI insurers, as an alternative to resolving matters in court
Not to cover a known tax bill the estate does not want to pay, but taken where there are “grey areas” or historic matters, that can’t be resolved in another way
Claims Case Studies
Estranged Child Finds Family Overseas after 20 Years: Legal Rights Inheritance Claim Scotland
The deceased had sadly lost contact with their child after they moved abroad in the 1960s to start a new life. There was frequent contact to start with, but over the years this had lessened, and in the last 20 years, all contact was lost. The deceased had sadly presumed the child had passed away.
Better Late Than Never For A Missing Beneficiary
In a complex estate featuring 28 beneficiaries, trustees faced a dilemma when the 28th beneficiary proved elusive. Insurance enabled the other beneficiaries to receive their distribution in a timely manner. This was particularly important to some of the beneficiaries as they were small local charities, who depend on this type of generosity.
Please note we do not deal with enquiries from the public. Please ask your solicitor to contact us.
Our policies are estate protection policies and protect the estate as a whole from third party claims. We do not provide professional indemnity insurance and do not cover claims from known beneficiaries.