No will, no probate?

PixieMarg

My Grandmother died a few weeks ago. She did not have a will. She has one living daughter (my mother), and a son who is deceased. My mother has three children. My late uncle has three children. My Grandmother left in the region of £23,000, prior to funeral costs and other outstanding debts. The bank released the money to my mother without probate or admin.

Is all of the money my mother's or is she obliged legally to give half (or some), of the estate to my late uncles children.

Thank you in advance.

TonyMMM

The rules of intestacy apply , and the estate (after payment of funeral expenses and debts) MUST be split between your grandmothers children. As your uncle has predeceased her, his share is then split equally between his children.

Your mother (as she has taken on the responsibility of dealing with her mother's estate) has to comply with the legal requirements - there is no other option.

(assuming this in in England/Wales ?)

PixieMarg

It is in England/Wales.

Thanks for such a thorough, swift response.

daska

There are strict rules for intestacy which are summarised HERE with a flow chart HERE (if that's easier for you)

In the case of a grandmother with no living spouse:

Surviving children receive equal share of estate. Children of predeceased children receive an equal share of their parents share.