When is the deadline for postponing payment under a contract to leave property by will?
The catalogue records a 6 months period from The date on which representation with respect to the estate of the deceased is first taken out. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- The date on which representation with respect to the estate of the deceased is first taken out
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- This is a power, not a duty ('he may... postpone'). No court permission is needed to exercise it and no sanction attaches to not exercising it. The period is fixed, but the personal representative chooses whether to use it.
- Note the extension mechanic built into the subsection: if a s.2 application is made within the six months, the postponement runs on to determination of those proceedings, so the diary entry becomes open ended rather than a fixed date.