Intestacy rules not followed
Comments
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No she had no debts - he has asked for the money back so he can distribute the estate correctly - but he is failing to include the extra £20-30k missing. He has called our bluff and told us to get legal advice knowing full well we cannot afford this.0
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He has left 2 brothers out
These are the ones than need to deal with this.
If he is claiming no will, then one action is for any one or more of the siblings to start the application for a grant of administration.
everyone is equal in the queue.
that will flush out a will or get a grant that can be used to do full investigations into the assets of the estate
£215 + a bit between 6 <£50 each.0 -
getmore4less wrote: »These are the ones than need to deal with this.
If he is claiming no will, then one action is for any one or more of the siblings to start the application for a grant of administration.
everyone is equal in the queue.
that will flush out a will or get a grant that can be used to do full investigations into the assets of the estate
£215 + a bit between 6 <£50 each.
Whilst this is good advice, anyone considering this course of action will have to evaluate the potential legal costs and timescales.
For example, they MAY be successful in their claim against 'Uncle' and MAY be awarded their costs (tens of thousands) BUT what if 'Uncle' is on a low income or is actually bankrupt? They could end up being paid £5 a week in dribs and drabs, ad infinitum.
The OP has already, sensibly, sought professional legal advice from different sources, and has been made aware of the costs. If the case was viable for the claimants, a solicitor would already be offering their services.0 -
Very little cost to start with as they are on an asset hunt.
They know there is £20k as that's been dished out to 4 of the 7.
ungle will have at least another £5k(doubt they left themselves out).
if there is more they need a way to track that down and the grant is the starting point as they can make enquiries.0 -
For those of us who have gone through similar situations, I am sure most of us can say we start with several 'interested' parties offering practical and financial help. However we seem to end up where just one, or if you're lucky, 2 people who do the leg work while the rest sit back and wait for a payout.
In reality, even close families rarely ever work together on these cases. It can be time consuming and very expensive for those prepared to take it all on.0 -
It seems a lot of money (£50k+)to have got his hands on without letters of administration, well above the threshold for a 'small' estate, is it possible the bank account /s were in joint names?
If someone was to become administrator,( and it would be a next-of -kin ideally), they could certainly investigate how the Uncle was able to lay his hands on the deceased's assets and exactly how much was taken from the accounts and confront him with that information. The banks themselves may take action or call the police, your Uncle has certainly made himself a prime 'intermeddler' and as an official administrator of an estate you might just prod the police into some sort of action.. Or perhaps just the threat might bring the Uncle to his senses..
Oh and if you're on Means tested benefits probate is free.0 -
Seems the only reasonable explanation as to how 'Uncle' was able to access such a large amount of money is that he either had Power of Attorney, they had a joint account, or he had third party access and has not informed the bank (or Office of Public Guardian) of the death.0
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It seems a lot of money (£50k+)to have got his hands on without letters of administration, well above the threshold for a 'small' estate, is it possible the bank account /s were in joint names?
If someone was to become administrator,( and it would be a next-of -kin ideally), they could certainly investigate how the Uncle was able to lay his hands on the deceased's assets and exactly how much was taken from the accounts and confront him with that information. The banks themselves may take action or call the police, your Uncle has certainly made himself a prime 'intermeddler' and as an official administrator of an estate you might just prod the police into some sort of action.. Or perhaps just the threat might bring the Uncle to his senses..
Oh and if you're on Means tested benefits probate is free.
Banks will pay out quite large sums without the need to go through probate, Barclays will pay up to £30,000, so if split across several institutions that sort of money could be released without probate.
There is the possibility of cause that the estate was no where near £50k as the OP has no proof that it was that high.0 -
Some Institutions release with Death certificate and indemnity,
Some will want a will with named executor as well.
Some of the limits without grant are quite high(eg Barclays £50k)0
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