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  • FIRST POST
    • Cenczp
    • By Cenczp 16th Dec 17, 9:39 AM
    • 4Posts
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    Cenczp
    Help with death of relative
    • #1
    • 16th Dec 17, 9:39 AM
    Help with death of relative 16th Dec 17 at 9:39 AM
    Hello there, I shall try and keep this simple. I have a query regarding an inheritance that I'm not sure if my mum is supposed to inherit from.
    My dad passed away in 2012 and has 3 other siblings and an uncle who he used to look after. This uncle has recently passed away and I'm aware that he had a quite a bit of money in the bank as my mum helped to set the bank account up for him with my dad has second signatory. When my dad died his brother took over watching over the elderly uncle. Unfortunalty the uncle has now passed away and his asset is in the process of being disbursed. This all seems to be getting done behind my mums back as she has received a letter from the bank sending condolences as the brother has sent in my dads death certificate to get his name took off as second signatory.
    My question being does my mum have any rights to a part of the inheritance as she is the wife of the nephew who is also deceased. I've looked at the rules and I don't think she is but I thought I better check.
    Thank you
Page 1
    • Margot123
    • By Margot123 16th Dec 17, 9:55 AM
    • 666 Posts
    • 680 Thanks
    Margot123
    • #2
    • 16th Dec 17, 9:55 AM
    • #2
    • 16th Dec 17, 9:55 AM
    Is there a will? Has anyone applied for. or been granted, Probate?
    You can check here: https://probatesearch.service.gov.uk/#wills

    If there is no will, then the rules of intestacy apply which normally follow immediate bloodlines. Your Mum would be a long way down the line.

    BTW whatever has happened before the death (eg caring for someone) does not have any relevance to a claim against the estate.
    • getmore4less
    • By getmore4less 16th Dec 17, 9:55 AM
    • 31,381 Posts
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    getmore4less
    • #3
    • 16th Dec 17, 9:55 AM
    • #3
    • 16th Dec 17, 9:55 AM
    Is there a will?
    • getmore4less
    • By getmore4less 16th Dec 17, 9:59 AM
    • 31,381 Posts
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    getmore4less
    • #4
    • 16th Dec 17, 9:59 AM
    • #4
    • 16th Dec 17, 9:59 AM
    Is there a will? Has anyone applied for. or been granted, Probate?
    You can check here: https://probatesearch.service.gov.uk/#wills

    If there is no will, then the rules of intestacy apply which normally follow immediate bloodlines. Your Mum would be a long way down the line.

    BTW whatever has happened before the death (eg caring for someone) does not have any relevance to a claim against the estate.
    Originally posted by Margot123
    if no will

    If E&W.

    If uncle had no living wife or kids(including issue) or parents.

    then OP will be due a share of their dads share.
    • Cenczp
    • By Cenczp 16th Dec 17, 11:21 AM
    • 4 Posts
    • 1 Thanks
    Cenczp
    • #5
    • 16th Dec 17, 11:21 AM
    • #5
    • 16th Dec 17, 11:21 AM
    Hi, thank you for the replys. There is no will, and the uncle never married or had any children. The only relatives are nieces and nephews, one of the nephews being my dad who passed away in 2012.
    • Cenczp
    • By Cenczp 16th Dec 17, 11:22 AM
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    Cenczp
    • #6
    • 16th Dec 17, 11:22 AM
    • #6
    • 16th Dec 17, 11:22 AM
    Also there is no property involved as far as I'm aware.
    • PasturesNew
    • By PasturesNew 16th Dec 17, 11:32 AM
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    PasturesNew
    • #7
    • 16th Dec 17, 11:32 AM
    • #7
    • 16th Dec 17, 11:32 AM
    Intestate, without a wife/children, it goes first to the deceased's siblings. So long as the uncle had one sibling it'd not go to a previous generation. The uncle's siblings would get equal shares.

    The money then follows the blood, so your dad should get a share - and that should go down his bloodline.

    Your mother is not "blood line", so it bypasses her, going from your dad's pot to you.

    Looking after people doesn't give any entitlement.

    Uncle's brothers/sisters in equal amounts, then that goes down their blood lines. If there were 3 brothers and it was £300k, they'd get £100k each - and if all the brothers were dead, it'd follow their lines keeping their £100k intact. If one brother had 1 child and one had 2 children and one had 3 children, then those children would get: 1-child/£100k, 2-children/£50k, 3-children/£33k each. The money sub-divides at the top level, not the bottom.

    If, say, he had married - and if his wife had siblings and she predeceased him, her siblings would be entitled to nothing. Once the wife dies, intestate doesn't ever go down her line.... even if the wife's sister had moved in to look after him after the wife/sister died she'd get nothing, she's not blood.

    It follows blood.
    • Cenczp
    • By Cenczp 16th Dec 17, 11:45 AM
    • 4 Posts
    • 1 Thanks
    Cenczp
    • #8
    • 16th Dec 17, 11:45 AM
    • #8
    • 16th Dec 17, 11:45 AM
    Thank you so much, he did have two siblings, a brother and a sister, however the brother never married or had children and both the brothers lived together all their life's but he passed away many years ago. The sister had four children being the nieces and nephews I spoke to.
    So from what I can gather my dad even though he has passed away is entitled to his share but this would come directly to me and my brother as we are his blood and would by-pass my mum?
    Thanks
    • silvercar
    • By silvercar 18th Dec 17, 9:14 AM
    • 36,674 Posts
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    silvercar
    • #9
    • 18th Dec 17, 9:14 AM
    • #9
    • 18th Dec 17, 9:14 AM
    Thank you so much, he did have two siblings, a brother and a sister, however the brother never married or had children and both the brothers lived together all their life's but he passed away many years ago. The sister had four children being the nieces and nephews I spoke to.
    So from what I can gather my dad even though he has passed away is entitled to his share but this would come directly to me and my brother as we are his blood and would by-pass my mum?
    Thanks
    Originally posted by Cenczp
    That's correct.

    If your Dad had been alive when the uncle died, the inheritance from the uncle would have been part of your Dad's inheritance and could have gone to his spouse (your Mum). As your Dad died first, the inheritance goes straight to his offspring.
    • Cenczp1
    • By Cenczp1 13th Feb 18, 7:35 PM
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    Cenczp1
    Quick update and further advice needed please. After my first query I decided to contact a solicitor to check whether me and my brother were beneficiaries of this estate. The solicitor confirmed we were. I then used the link further up and sent off for copies of a will or court papers. I was sent proof that great uncle died intestate and that administration rights had been granted to uncle and that the estate was no more than 56k. So I decided to sit tight and wait to be contacted in the hope my family would do the right thing. After hearing nothing I decided to bite the bullet and sensitively ask about the estate. I was met with sarcasm and lies by my cousin. She claimed her dad was not the administrator of the estate and there was no heritable due to us. I obviously pointed out I had seen the high court papers and I was then met with more abuse about going behind their dads back. I realised I was getting no where so phoned uncle direct. He did not pick up. I then received a text message from uncle saying there is no inheritance sorry.
    I am going to see a solicitor but do you know what my options are now? Is there anyway I can find out the exact value of the estate without the cooperation of the administrator.
    I am really not fussed about the money to be honest it's more upsetting that I see these people weekly when we take our children out and they never said a word and they obviously assume that because my dad is no longer with us we are not part of the family. It's truly heartbreaking
    • TBagpuss
    • By TBagpuss 13th Feb 18, 8:02 PM
    • 6,256 Posts
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    TBagpuss
    You could try writing to the administrator, saying that you're aware from the grant that the estate was worth between £x and £y, and that you understand, having taking legal advice, that you and your brother would be entitled to a share of the estate, and asking that he provide you with copies of the estate accounts, or, if he is of the view that you are not entitled to a share, can he please explain why not, as that seems inconsistent with the documents you've seen and the advice you've received.
    Is the £56K the gross or net value of the estate? If that was the gross value it is possible that there wasn't anything left once your great-uncle's debts were paid.
    • Cenczp1
    • By Cenczp1 13th Feb 18, 8:19 PM
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    Cenczp1
    The court papers did not say how much the estate was worth only that it did not exceed 56k. There was originally 60k in this account as my mum was the k e who set the account up for him. Great uncle lived very humbly and lived off his pension, he never went out and had silly amounts of money stashed in the house which he refused to put in banks as he didn't trust them (but I don't expect to see any of that). Only reason this account was opened was that it was money he inherited from his brother and had to be paid into an account. That money was sat untouched for many years. So even though I know he would have had to pay his care over the last few weeks when he was in the hospice and his funeral costs but I still expect there will have been a large amount left. Also the fact I was met with hostility on asking and all the secrecy makes me think they have something to hide.
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