Filing Objection to Inheritance Order

What is the legal position if one of the children of a deceased widower refuses to sign on the application for the inheritance order, saying he disagrees with the estate being divided equally between them, the legal heirs ?

Firstly, the application can be filed with the Inheritance Registrar without the 'refusnik's' signature as there is no legal requirement for the signature of all the heirs for the file to be opened. Secondly, the 'refusnik' is entitled to file his formal objection to the Inheritance Registrar. If he does so, the file will automatically be transferred to the family court, which will have jurisdiction to decide on the dispute.

What is the shortest time that can be set for objections to an inheritance order to be made ?

Two weeks. When an application for an Inheritance Order is made, the Inheritance Registrar will give orders about appropriate announcements in public, in which a date is set for filing objections. Even if the deadline for filing objections has passed, it is still possible to object providing that the Inheritance Order has not yet been granted.

Who can object to an application for an Inheritance?

Any interested party, within the deadline set, and even afterwards, if an Inheritance Order has not yet been made.

Can a creditor file an objection to an application for an Inheritance?

Yes, if as a result of accepting or rejecting the objections, an heir or heirs can pay the debts owed to him, then that creditor could be regarded as an interested party, and, therefore, is able to file objection to the order.

What happens when the notices/announcements making the application for the Inheritance Order public were not detailed enough and did not truly reflect the deceased's identity ?

An Inheritance will not be granted until the details of the deceased are republished correctly, giving a proper chance for anyone wishing to object to do so.

What is the idea behind the obligation to publish an application for an inheritance order in the press ?

To give interested parties an opportunity to object.

Who bears the cost of publishing notice of application for the inheritance order in the press ?

Whoever is applying for the order.