what if probate isnt needed

my nan died recently and she had money in three seperate bank accounts, probate hasnt been applied for so i am presuming that my uncle has just got the money straight from her bank accounts as they are less that 5000 in each,
my question is if probate isnt needed do the intestate laws still need to be applied

thanks
«13

Comments

  • McKneff
    McKneff Posts: 38,816
    Name Dropper First Anniversary First Post
    Forumite
    Are you saying that your Uncle has actually taken the money out of the account after yur nan died or am i reading it wrong.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • When my mother died, a couple of her accounts had fairly small amounts in. The societies involved allowed me to close the accounts on production of her death certificate and my birth cert with passport. I believe the various different institutions have different levels at which they require the grant of probate before closing the account and paying out the funds.
    From Starrystarrynight to Starrystarrynight1 and now I'm back...don't have a clue how!
  • julie03
    julie03 Posts: 1,096 Forumite
    not sure if he has taken the money out but he is next of kin but my dad is deceased so if intestate rules still apply i should be entitled to a share. so need to know if the intestate rules still apply if probate isnt needed
  • McKneff
    McKneff Posts: 38,816
    Name Dropper First Anniversary First Post
    Forumite
    I think you really need to speak to your Uncle to get the facts straight first.

    If your nan died intestate you are indeed entitled to a share of your nans estate (what ever would have passed to your parent should be shared between you and your siblings)

    God bless your Nan but she should have made a will.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • dzug1
    dzug1 Posts: 13,535
    First Post Combo Breaker
    Forumite
    julie03 wrote: »
    not sure if he has taken the money out but he is next of kin but my dad is deceased so if intestate rules still apply i should be entitled to a share. so need to know if the intestate rules still apply if probate isnt needed

    Yes they still apply.
  • Did your uncle have his name on the Bank Accounts?

    If he did, then it is his money.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • julie03
    julie03 Posts: 1,096 Forumite
    his name was not on the bank accounts, they were hers, looks like i will have to talk to him, dont know him that well so could be kind of awkward
  • McKneff
    McKneff Posts: 38,816
    Name Dropper First Anniversary First Post
    Forumite
    there has been no mention of a spouse so i presumed the lady was a widow.

    Its her son who the OP is talking about (the OP's uncle)

    OP could you get your parent to broach the subject with their brother
    for you.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • chesky369
    chesky369 Posts: 2,590 Forumite
  • julie03
    julie03 Posts: 1,096 Forumite
    my father is deceased and my nan was a widow so my uncle is the surviving son, and my father had 4 children
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards