Last Updated on 24th February 2025
Recovering an inheritance: What can you do if you have not received money that is due to you?
If you need help, then contact our recommended inheritance solicitors for a free consultation. Call us on 0333 888 0407 or send an email to [email protected].
We are frequently contacted by beneficiaries who have not received their inheritance. These beneficiaries stand to benefit under the terms of a Will or in accordance with the rules of intestacy. Often, they will have attempted to engage with the personal representatives of an estate but have had their communications ignored.
Personal representatives (a term that includes executors) have a duty to administer the estate in accordance with the terms of the Will (or the rules of intestacy where no Will exists). If they fail to do so, then they can be considered to have acted in breach of trust, and can be held personally liable.
In some cases misappropriation of estate assets might be regarded as inheritance theft.
Although there is a strict time limit on pursuing a claim for the recovery of inheritance, this does not apply in cases where there has been fraud or a fraudulent breach of trust, or where action needs to be taken to recover trust property which a trustee has taken for themselves.
These cases are not always straightforward, and there are several defences that a personal representative may rely on. One of those is the defence of “laches”. This is an equitable defence, which simply means that the claim should not be allowed if there is unreasonable delay in presenting it on the part of the claimant, and the personal representative’s position has been prejudiced by that delay. However, if a beneficiary does not delay if pressing their claim for a legacy that is due to them then the defence of laches will not be available to the executor.
How we can help you with recovering an inheritance
We are able to assist individuals with recovering an inheritance that is due to them, and are often able to do so on a no win, no fee basis. Contact our legal helpline and one of our top rated team of inheritance lawyers will be happy to offer you a free consultation and specialist guidance on the options available to you.