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  • FIRST POST
    • mrscmd
    • By mrscmd 14th Oct 16, 12:51 AM
    • 26Posts
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    mrscmd
    Missed the deadline for Claims on deceased's Estate
    • #1
    • 14th Oct 16, 12:51 AM
    Missed the deadline for Claims on deceased's Estate 14th Oct 16 at 12:51 AM
    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
    Last edited by mrscmd; 14-10-2016 at 7:42 AM. Reason: Sp.
Page 1
    • Yorkshireman99
    • By Yorkshireman99 14th Oct 16, 2:04 AM
    • 1,632 Posts
    • 1,382 Thanks
    Yorkshireman99
    • #2
    • 14th Oct 16, 2:04 AM
    • #2
    • 14th Oct 16, 2:04 AM
    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 thanks
    Originally posted by mrscmd
    It can't harm to ask the solicitor.
    • Brighty
    • By Brighty 14th Oct 16, 9:15 AM
    • 531 Posts
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    Brighty
    • #3
    • 14th Oct 16, 9:15 AM
    • #3
    • 14th Oct 16, 9:15 AM
    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

    Brighty
    • mrscmd
    • By mrscmd 14th Oct 16, 9:45 AM
    • 26 Posts
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    mrscmd
    • #4
    • 14th Oct 16, 9:45 AM
    • #4
    • 14th Oct 16, 9:45 AM
    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 :-(
    • Brighty
    • By Brighty 14th Oct 16, 10:36 AM
    • 531 Posts
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    Brighty
    • #5
    • 14th Oct 16, 10:36 AM
    • #5
    • 14th Oct 16, 10:36 AM
    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.

    Brighty
    • mrscmd
    • By mrscmd 14th Oct 16, 11:13 AM
    • 26 Posts
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    mrscmd
    • #6
    • 14th Oct 16, 11:13 AM
    • #6
    • 14th Oct 16, 11:13 AM
    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...
    Last edited by mrscmd; 14-10-2016 at 11:44 AM. Reason: added a PS
    • Yorkshireman99
    • By Yorkshireman99 14th Oct 16, 12:29 PM
    • 1,632 Posts
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    Yorkshireman99
    • #7
    • 14th Oct 16, 12:29 PM
    • #7
    • 14th Oct 16, 12:29 PM
    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...
    Originally posted by mrscmd
    Which translates as "I did not make proper enquiries" before disposing of estate property.
    • mrscmd
    • By mrscmd 14th Oct 16, 12:47 PM
    • 26 Posts
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    mrscmd
    • #8
    • 14th Oct 16, 12:47 PM
    • #8
    • 14th Oct 16, 12:47 PM
    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.
    • getmore4less
    • By getmore4less 14th Oct 16, 3:56 PM
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    getmore4less
    • #9
    • 14th Oct 16, 3:56 PM
    • #9
    • 14th Oct 16, 3:56 PM
    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.
    • Yorkshireman99
    • By Yorkshireman99 14th Oct 16, 5:34 PM
    • 1,632 Posts
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    Yorkshireman99
    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.
    Originally posted by getmore4less
    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.
    • SevenOfNine
    • By SevenOfNine 14th Oct 16, 6:36 PM
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    SevenOfNine
    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.
    • Yorkshireman99
    • By Yorkshireman99 14th Oct 16, 7:20 PM
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    Yorkshireman99
    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.
    Originally posted by SevenOfNine
    A week should be plenty of time to assess the value of the contents and get them removed. The Council were being very heavy handed in asking for an extra week's rent to allow this to be done.
    • mrscmd
    • By mrscmd 14th Oct 16, 7:57 PM
    • 26 Posts
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    mrscmd
    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.
    Originally posted by SevenOfNine


    No, my aunts (2 maiden sisters who always lived together) bought their properties. I do know the elder sister was in a care home, whilst the younger one died at home. Maybe the property was to fund the fees?


    I will possibly know more when the copy will etc. gets to me.
    • getmore4less
    • By getmore4less 15th Oct 16, 1:04 PM
    • 26,313 Posts
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    getmore4less
    No, my aunts (2 maiden sisters who always lived together) bought their properties. I do know the elder sister was in a care home, whilst the younger one died at home. Maybe the property was to fund the fees?


    I will possibly know more when the copy will etc. gets to me.
    Originally posted by mrscmd
    The will may not tell you anything useful if the other sister still is still alive if not you may need her estate details as well.
    • unforeseen
    • By unforeseen 15th Oct 16, 1:16 PM
    • 830 Posts
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    unforeseen
    No, my aunts (2 maiden sisters who always lived together) bought their properties. I do know the elder sister was in a care home, whilst the younger one died at home. Maybe the property was to fund the fees?
    Originally posted by mrscmd
    Your statement knocks a hole in your original assertion that
    I am the closest living relative
    At the time of death if the other sister was still alive (as you seem to be saying), then she is/was the closest living relative and ATM you have no info on her current state
    Last edited by unforeseen; 15-10-2016 at 1:18 PM.
    • PasturesNew
    • By PasturesNew 15th Oct 16, 3:51 PM
    • 56,026 Posts
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    PasturesNew
    In short, you'd have a claim, if there's anything to claim - and so you should contact them. They should've easily found you though and been in touch, but maybe you're in a file on somebody's desk with the heading "Get round to these next month".

    Get in touch, see what they say, you've nothing to lose - indeed, probably more to gain than being contacted/'found' by an heirhunting firm.

    If there's just £200 to her name left over .... then an heirhunter would never have come looking for you.
    • mrscmd
    • By mrscmd 15th Oct 16, 5:15 PM
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    mrscmd
    Sorry if I have confused... both sisters (my aunts) have died. The older one was in a care home last year and died last year - the younger sister is the one who has died at her own home.


    I explained in my email(and further in a telephone conversation) to the probate solicitor that I am the closest living relative of the two aunts and that I had no idea they had both died - I am not overly happy with the short reply and very dismissive person on the line, who clearly had no time for me.


    Their property is not yet on the market - but it is the personal stuff that annoys me - all gone in a twinkling - and they took long enough to do the probate, I have done two probates myself so I know what it involves.. maybe the solicitors creamed off anything that was left.. this is why I am waiting for my aunt's will - if the cat home got the lot, I am delighted. But I doubt the cats wanted the photographs...
    • getmore4less
    • By getmore4less 15th Oct 16, 8:49 PM
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    getmore4less
    You will probably need the details of both estates.
    • Fishingtime
    • By Fishingtime 15th Oct 16, 9:08 PM
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    Fishingtime
    They all come out of the woodwork where money is involved
    Owing on CC £00.00

    It's like shooting nerds in a barrel
    • PasturesNew
    • By PasturesNew 15th Oct 16, 9:14 PM
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    PasturesNew
    Re photographs/papers etc - I think it's worth your while trying again, maybe in writing, as somebody will have taken those and put them in a file most likely "in case" anybody turned up.

    As for her stuff, that'll have most likely been auctioned off when cleared... you could at least get them to declare who did the clearance and speak with that firm to find out what happened to all the bits and bobs.

    It's all a bit hit and miss, but, say, if the house were cleared by a local firm, the owner might've even known of her - and it might've been a local sale - and you might even be able to find out that "Dealer ABC up the road bought a lot of the stuff" and then you go to his shop and he can say "Yes, I bought this and that ....."

    I have, I'm afraid to say, also seen such photos/personal notebooks etc spread out on the ground on a blanket at a local car boot sale, where somebody'd obviously bought a "box of random photos and personal notebooks of no particular note" - that was really bizarre...
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