How is an executor or trustee protected against further claims before the estate or trust can be safely distributed?
A Notice of Intention to Distribute the Estate (or Trust) should be advertised in accordance with the Supreme Court Rules, in the prescribed form, giving at least one months notice of the intention to distribute. If the executor has received notice, formal or informal, of an intention to make a claim against the estate under the Family Provision Act 1982, notice of intention to distribute must be also served on any such intended claimants. If a longer period of notice is given by the executor, that period will have to expire before the executor gets statutory protection against subsequent creditors or claimants.
