What is a ‘Put Up or Shut Up’ Order?

A Cobden-Ramsay Order, which is colloquially known as a ‘Put Up or Shut Up’ Order, is a useful tool in a personal representative’s (i.e. an executor or administrator) arsenal when an estate is faced with a claim but a claimant who does not take steps to advance this.

A personal representative must deal with the administration of an estate in a timely manner but must also be cautious not to distribute an estate when they are faced with a potential claim, which is typically a claim challenging the validity of a Will or a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. There is a fine balance to strike: a PR may face criticism from the potential beneficiaries for the delay incurred in winding up an estate; however, if they distribute the estate too early, they can be personally liable if the intimated claim is successful.

To resolve the deadlock, the personal representative can apply for a ‘Put Up or Shut Up’ Order, which would typically give the potential claimant 28 days to issue their claim. If they fail to comply with the Order, they will no longer be able to pursue the claim, which should allow a personal representative to distribute the estate without fear of that claim being pursued at a later date.

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If you are appointed as a personal representative or a potential claimant and need advice, please get in touch with our specialist Contentious Wills and Probate team by using our online enquiry form or by calling 0330 191 4453.