Missed the deadline for Claims on deceased's Estate
mrscmd
Posts: 26 Forumite
Hello
I have just discovered a close relative (but one who was a recluse) died earlier this year. She was not in contact with any relatives whatsoever, the only one being my mother who herself died in 2009.
The notice asking for anyone with an interest was put in the London Gazette (which I have to admit it has never occurred to me to look at) with the expiry date for claims being June 2016.
The date of probate was 06 October 2016 (she died in March 2016).
Of course there is no question of any liability - the notice was there and it is my bad luck I was unaware - but I just wondered if it is too late to let the solicitor who dealt with the probate know (I have read the disclaimer bit in the notice) that I am the closest living relative and therefore would have had an interest, had I seen the notice?
Many thanks
I have just discovered a close relative (but one who was a recluse) died earlier this year. She was not in contact with any relatives whatsoever, the only one being my mother who herself died in 2009.
The notice asking for anyone with an interest was put in the London Gazette (which I have to admit it has never occurred to me to look at) with the expiry date for claims being June 2016.
The date of probate was 06 October 2016 (she died in March 2016).
Of course there is no question of any liability - the notice was there and it is my bad luck I was unaware - but I just wondered if it is too late to let the solicitor who dealt with the probate know (I have read the disclaimer bit in the notice) that I am the closest living relative and therefore would have had an interest, had I seen the notice?
Many thanks
0
Comments
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It can't harm to ask the solicitor.Hello
I have just discovered a close relative (but one who was a recluse) died earlier this year. She was not in contact with any relatives whatsoever, the only one being my mother who herself died in 2009.
The notice asking for anyone with an interest was put in the London Gazette (which I have to admit it has never occurred to me to look at) with the expiry date for claims being June 2016.
The date of probate was 06 October 2016 (she died in March 2016).
Of course there is no question of any liability - the notice was there and it is my bad luck I was unaware - but I just wondered if it is too late to let the solicitor who dealt with the probate know (I have read the disclaimer bit in the notice) that I am the living closest relative and therefore would have had an interest, had I seen the notice?
Many thanks0 -
Was there a will? If there was, then any estate would be distributed according to that, you have no 'claim' just because you're a relative, they could have left it all to the cats home. The gazette notices are more aimed at creditors, i.e people owed money by the deceased.
If there was no will, then it's worth a shot
You can check here whether there was a will or whether it was intestate
https://www.gov.uk/search-will-probate
Which i assume you've already been on to know probate was granted this month
Brighty0 -
Thank you. Yes, I have sent for a copy of the will simply because it will become part of the family tree folder I am compiling for my sons.
More than anything I am sad because I guess all personal belongings will have long gone and there would have been photographs of my father and his sisters and my grandparents (and probably of me as a child, too) - and although I do have several old photos, it would have been nice to have perhaps been able to keep any others.
I do not suppose that sort of thing is kept when people are recluses and there is no one immediate to have a look. Probably all gone in the rubbish :-(0 -
No one should have touched the house contents till probate was granted, as that was only a week ago, there's a chance nothing has happened yet. Even if they left everything to the cats home, i'm sure there must be a way for you to get photo's etc. I'd definitely contact the solicitor, the sooner you do, the more chance that nothings been binned yet.
Brighty0 -
Oh thank you.. you have given me a glimmer of hope then (and I truly would love any money left over - there would never have been much anyway - to go to a cat's home! That is where some of mine is going, I live for cats (and all other animals but cats come first)- but my grandpa was a fire chief with the London Fire Brigade before the war and I do not have an actual photo of him in his uniform, which I would be so thrilled to have. My dad took masses of photos even back then so there is bound to be one of him in full dress uniform, brass helmet and all.
I have sent an email to the solicitor concerned re personal belongings.
PS EDIT.. apparently the flat has already been cleared in the course of administration - the solicitor was 'unaware of any living relatives'. Oh well...0 -
Which translates as "I did not make proper enquiries" before disposing of estate property.Oh thank you.. you have given me a glimmer of hope then (and I truly would love any money left over - there would never have been much anyway - to go to a cat's home! That is where some of mine is going, I live for cats (and all other animals but cats come first)- but my grandpa was a fire chief with the London Fire Brigade before the war and I do not have an actual photo of him in his uniform, which I would be so thrilled to have. My dad took masses of photos even back then so there is bound to be one of him in full dress uniform, brass helmet and all.
I have sent an email to the solicitor concerned re personal belongings.
PS EDIT.. apparently the flat has already been cleared in the course of administration - the solicitor was 'unaware of any living relatives'. Oh well...0 -
I will await the copy will (and grant) - if my aunt left everything to the cat's home and did not name anyone, living or deceased, then I cannot complain.
Shame, though. I expect all (valueless but) sentimental things went in the bin.0 -
I am the closest living relative and therefore would have had an interest, had I seen the notice?
The London Gazette notice is for creditors not beneficiaries.
a section 27 does not protect the administrator from failing to find and distribute to the correct beneficiaries.0 -
Nor does it protect the executor from their incompetence. Whilst a house contents may have little value unless it is properly assessed nobody can say what that value is. House clearance firms make a good living out of selling on items. Doubtless from time to time they find really valuable items amongst the lesser things.getmore4less wrote: »I am the closest living relative and therefore would have had an interest, had I seen the notice?
The London Gazette notice is for creditors not beneficiaries.
a section 27 does not protect the administrator from failing to find and distribute to the correct beneficiaries.0 -
We were only given a week to clear my Aunt's council flat after she died. We were given an additional week by paying the rent but after that it was OUT - non negotiable.
Perhaps that's why the solicitor had it cleared so fast, was it LA property? They're not very forgiving, they want the property back for re-letting asap & don't wait for probate.Seen it all, done it all, can't remember most of it.0
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