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Estate Agents
When a missing Will emerged after an estate had been settled
After an estate had been administered on the basis of intestacy and fully distributed, a previously unknown Will surfaced. The resulting claim could have left the executor personally exposed, but executry bond cover stepped in to settle the matter and protect all parties involved.
Requirements
Following a death in late 2022, the family carried out extensive checks but could not locate a Will, so the estate was treated as intestate. To proceed, the court required an executry bond of caution before confirmation could be granted. Once the estate had been administered and distributed, the unexpected appearance of a previously unknown Will created a new challenge: the estate no longer held funds to meet the claim, and without protection the executor could have faced personal financial liability.
Our Solution
The executry bond was put in place before confirmation, covering the estate up to a defined value while a family member acted as executor under Scottish succession law. When two individuals later came forward with a copy of an earlier Will, the claim was referred under the bond and legal advice was obtained to assess whether the Will could be challenged. Although there were questions around the missing original, the delay in the claim and the circumstances in which the Will was made, legal advice concluded there was insufficient evidence to dispute validity successfully. The matter was therefore settled in line with the Will.
The Results
Payments to the named beneficiaries and the charity entitled to the residue of the estate were met under the executry bond. The executor was protected from personal financial liability, the correct beneficiaries ultimately received their entitlement and the case was resolved without lengthy litigation. The outcome clearly demonstrated the practical value of executry bond cover when uncertainty emerges after an estate appears to have been settled.
Executor protected
Shielded from personal financial exposure after distribution.
Claim settled
Payments made in line with the later Will.
Litigation avoided
Resolved without prolonged legal dispute.
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