Finding out about possible inheritance

arunadasi

Hope someone can advise.
My uncle died childless back in 1993, aged in his 70's; he suffered form dementia, and had made out a will to his business partner, to whom he left a house in London which would be worth a million or so these days. According to a friend who knew him well, the will had the provision that on the business partner's death the house would pass back to the family, ie his surviving brothers, nephews and nieces. (There are several of us!)

This friend tells me that the business partner died, but had remarried and everything passed to his widow. Could this happen, if there was indeed a provision that the family should inherit upon the business partner's death? Wouldn't we have been contacted?

Is there anything we can do? I don't know when the partner died, but I can find out.

McKneff

You really need to get a copy of the original will first.

alanq

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/probate/copies-of-grants-wills.htm

Also if the property was registered with the Land Registry then I would have thought that some mention of conditional ownership should have been included in the records when the property was inherited.

arunadasi

McKneff wrote: »

You really need to get a copy of the original will first.

Where can I get a copy of the will? Do they just give anybody a copy, or do I have to prove relationship?

Errata

arunadasi wrote: »

Where can I get a copy of the will? Do they just give anybody a copy, or do I have to prove relationship?[/QUOTE

You can request a copy of a will by writing to The Postal Searches & Copies Dept, York Probate Sub-Registry, 1st Floor, Castle Chambers, Clifford Street, York, YO1 9RG, giving the full name, address and date of death of the deceased, stating what you require and enclosing the £5 fee. Requests are not accepted by phone

arunadasi

Just to wrap this up -- I was able to get some information from a cousin. Here's what he said:

"I first obtained his death certificate, then a copy of the will. It quite plainly stated the his late partner was to inherit his entire estate. Only if he were to die would the brothers share his inheritance. This unfortunately was not the case. If we, as a family, were much closer to Uncle D. and Aunt A. things could have been much different. Even C. (my stepbrother) blew it by falling out with him, after at one time being viewed as the son they did not have. When R. (his partner) died his wife took it all. She has since passed on. I even spoke to the lawyer who handled the estate and said that everything has since been disposed of. ....I know that his house in Fulham is now valued at about £1.5m."

So there we have it: no heir hunting here!
My cousin is quite right; we, the next generation, totally neglected him and in retrospect we should have looked after him a bit. My excuse is that I wasn't even in this country and so never had the chance to get to know him. Only 2 or 3 of the 16 cousins live in the UK -- we are from an ex-colony -- and we are spread all over the world. In my defence I can claim that I DID keep an eye on my other uncle who had no kids, but he also had no money to leave!

So, let this be a lesson, folks: look after your family. Not for any inheritance, but because it's the right thing to do. It's perfect justice that nothing came to us, and I'm even glad my brother didn't inherit, because he would have squandered it all on gambling and drink and never done a day's work -- just as he is today.

Savvy_Sue

arunadasi wrote: »

"I first obtained his death certificate, then a copy of the will. It quite plainly stated the his late partner was to inherit his entire estate. Only if he were to die would the brothers share his inheritance. This unfortunately was not the case. If we, as a family, were much closer to Uncle D. and Aunt A. things could have been much different. Even C. (my stepbrother) blew it by falling out with him, after at one time being viewed as the son they did not have. When R. (his partner) died his wife took it all. She has since passed on. I even spoke to the lawyer who handled the estate and said that everything has since been disposed of. ....I know that his house in Fulham is now valued at about £1.5m."

Leaving aside what you said after this, it takes a particular wording in the will to guarantee that something is left to one beneficiary first, and then passed to others on the death of that beneficiary.

Only if your uncle had used such a clause would it have been possible to ensure that the house came to you after his business partner's death: I believe the house would have had to have been left to him 'in trust'. If it wasn't, then the business partner was perfectly entitled to dispose of it as he wished in his own will, and if he didn't leave a will then yes, according to the laws of intestacy it would go to his wife / children / relations, because your family is nothing to do with his.

People often intend one thing, but either don't give clear instructions, or don't get good advice.

terrierlady

I did smile reading this and your honest views, people always smell money. whilst the person was alive you made no contact so why expect money now?

zooryzara

hi

The inheritance is decided based upon the person's will, but if there is no will then it's left up to the court to decide the rules of legal succession.

arunadasi

There was a will, by my mother's eldest (unmarried) sister. It was to go her sisters with life interest, and to the next generation when they die.
The way to do it, we have discovered, is simply to add a notice to the deed by which Coucin B is removed from the estate, as he is dead. This was done when my other aunt died, after which the life interest passed to my mother and to the three couins on her death. It is perfectly legal and uncomplicated.

Mojisola

zooryzara wrote: »

The inheritance is decided based upon the person's will, but if there is no will then it's left up to the court to decide the rules of legal succession.

The courts don't need to decide anything - the intestacy rules would be followed - https://www.adviceguide.org.uk/index/your_family/family_index_ew/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm