Can aunt claim from estate?

SUPERJULES

Recently my FIL died intestacy, everything therefore goes to my husband who didn't see his father much.

FIL's 70 yr old sister is contesting is she able to make any sort of claim as she was not financially dependant on him, and other relatives are keeping hold of possessions when we are trying to deal with the estate.

To digress we have 3 children.

Many thanks in advance.

amersall

SUPERJULES wrote: »

Recently my FIL died intestacy, everything therefore goes to my husband who didn't see his father much.

FIL's 70 yr old sister is contesting is she able to make any sort of claim as she was not financially dependant on him, and other relatives are keeping hold of possessions when we are trying to deal with the estate.

To digress we have 3 children.

Many thanks in advance.

you have to go to probate, get a solicitor who will deal with your husband, if he has no siblings then he (in the absence of a will )will be the main beneficiary ,if something happened to your husband your children will inherit, if the deceased had no children then it goes to his parents,if no parents then it goes to his brothers or sisters

SUPERJULES

Yeah thanks for your reply, I know the rules of intestacy but can the aunt claim anything?

Savvy_Sue

Not according to what amersall said, which agrees with my understanding.

SUPERJULES

Hope you're right. I think they're clutching at straws.

Many thanks!

Poppy9

Did your aunt live with him and care for him. If so she may try claiming for part of the house.

Mojisola

Are there any special family things that the aunt may want to keep for sentimental reasons? Is this why she wants to contest the will? If so, could your OH be generous and gift some items to her after the probate is settled?

*Chattie*

It certainly sounds as if the other relatives at least saw the deceased, the fact that they are holding some of his possessions whereas your OH hardly ever saw him.

Poppy9

Didn't you have a thread a short time ago about DNA testing for paternity. I vaguely remember reading something but can't remember what it was.

Floss

Perhaps it would be tactful to make contact with the relatives who are "keeping hold of possessions" and suggest that they each keep something of sentimental value, also offer the same to the aunt, and then instruct a solicitor to deal with the estate, after advising the others that you will be doing so? Then those who did visit will feel they have been remembered, and you can get on with your lives without too much of the angst & hassle of sorting out an intestate estate. I presume there is enough in the estate to pay for a solicitor?......or is that why the family are holding onto things?

Biggles

You don't need a solicitor to apply for a Grant of Adminstration unless the estate is complex; it will cost you a great deal of money.

If you're in doubt whether you can do it, take a look at the Probate Service leaflet:-http://www.hmcourts-service.gov.uk/courtfinder/forms/pa2_e.pdf