Help Please, my Uncle died without a will

Jay1b

I was hoping someone could please give me some advice?

My Nan's brother died at the weekend without leaving a will (had the belief he had plenty of time left). He owns his own property (paid for) and has a considerable amount of savings. His verbal wish was for the money+property to be divided between his two surviving sisters. However he also has a son who he hasnt spoke too in about 30 years.

As he didnt leave a will, i am sure that the next of kin is by default his son; but thats against his wishes. Nobody (including the police) has managed to contact his son as of yet.

What i would like to know is:
*When his son finds out, he will obviously try to claim the estate. How should my Nan handle this? I presume it would have to goto court. Should my Nan and her sister get a solictor now, to be prepared?
*If nobody can contact the son, at what point (timescale) and how can they access the money and sell the house? We dont even know if he's still a live.

Thanks.

Js_Other_Half

This site might be of some help:-

http://law.web-tomorrow.com/twiki/bin/view/Main/Intestacy

but from what i can gather, it'll go to the son...it might be worth getting some legal help on this.

Lillibet_2

Having gone through this several times with elderly relatives (you'd think they'd have learnt after the first fiasco...........) and as a member of the legal profession (I am not a solicitor & don't deal with family law so please don't ask me, I am a legal exec. in commercial contract law) I can only advise you to get legal advice ASAP even if it's only from CAB to start with. It's a legal minefield & probably best you prepare yourself & others for an eventual unhappy outcome. I wish you the very best of luck.

Reed_Richards

Is it really a legal minefield? I thought the law was very clear on what happens if you die without making a will. In this case, I think the son inherits everything. Now that may not be what your uncle may have wished - but if he hadn't wanted this to happen he should have made a will!

If his estranged son is no longer alive, you may have to produce a death certificate. Or wait seven years if that cannot be done. Unless you can establish that he was a victim of the recent tsunami!

Now your uncle may have told his sisters that he wanted them to inherit but was he sincere? Actions speak louder than words. Perhaps in his heart-of-hearts he wanted to be reconciled with his son?

David_Brent

Must have been a naughty son