Deceased spouse's claim on deceased husband's shares

Bowsyboy · 9 February 2013 at 3:57PM

I am dealing with an aunt's probate as I am her executor.

Her husband died seven years before she did and I have discovered in her paperwork that there are shares still in her dead husband's name.
It is apparent that she had it in mind to transfer these in to her name as there are half completed application forms, but unfortunately they were never sent off.

I have contacted the share company who have requested sight of the grant of representation, which I don't have. The probate office say that there was never an application for probate made when her husband died.

Legally, is the estate of a deceased entitled to make claim on what would have been her entitlement whilst she was alive?

Savvy_Sue · 9 February 2013 at 4:22PM

I think you're going to have to do some digging: did your uncle make a will? If he did, I'd say chances are it was drawn up by the same people as did your aunt's. Now, maybe it was never 'proved', but it can be done even now.

If it looks as if he didn't, I'd speak to the probate office about dealing with it now.

madbadrob · 12 February 2013 at 1:05AM

Because the aunt died after your uncle then the answer is yes your uncles estate upon his death became hers unless there was a will to state differently. As others have said you can apply for probate of your uncles estate now if you so wished. I would contact the share company again and explain to them the full situation and ask them to just consider the death cert.

Rob

Bowsyboy · 14 February 2013 at 1:39PM

Thank you for your replies.

Previously I had spoken to the probate office and they had told me to search for the uncles grant of representation via their facilities.
It seems there was never a grant issued.
Subsequent contact with the probate office has now cleared up the matter in so far as once probate has been granted for the aunt, it provides me the power to apply for a grant to my uncle's estate on her behalf.

So hopefully my uncles shares will ultimately be transfered into the name of my aunt and can then be distributed as per her will.

An interesting learning exercise all round!

Deceased spouse's claim on deceased husband's shares

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