BeneficIary in the dark

Fellows_67

Can anyone offer any advice please?

My Uncle passed away in July 2010, he did not leave a will. His wife had died some years earlier and they had no children.

My mum (deceased) was his sister. He has two remaining living siblings. I am aware that one of them, my Aunt, is dealing with his estate. His house was sold earlier this year.

I received correspondence from my Aunts appointed solicitor in May this year asking for my proof of identity (as did my sister and a number of cousins).

Since then nothing. I have spoken to the solicitor on one ocassion and e-mailed her once asking for progress. The first time she advised she was still waiting for proof of identity from another of the beneficiarIes but once that was recieved the estate would be settled. On the latest ocassion the solicitor responded stating she was still waiting for a final closing figure from a utility supplier. She also stated that she was fed up of being inundated for information from a number of beneficiaries (it's a large family)! She went on to say that as she was appointed by my Aunt and answerable to her alone (and she wasn't chasing for progress) that if she received any further queries she would start charging individuals for dealing with them. This threat has had the desired effect and I haven't chased for progress since but I'm keen to know when this matter will be settled!

Unfortunately I am not on speaking terms with my Aunt so I cannot ask her directly. Do I have any rights to press the solicitor for a date when everything will be settled? How do I and the other beneficiaries know that the estate will be divided fairly?

Many Thanks

Fire_Fox

Welcome! Contact the aunt or the solicitor, nobody else can give you the answers you need. Life is too short to hold grudges and continue feuds.

torbrex

This is what happens when someone dies without leaving a will, sometimes it can take long enough to settle the estate with on but without one......

If you are a beneficiary in your uncle's estate then patience is the game and as you have already been told by the solicitor that the matter is in progress then there really nothing that you can do to speed the process up.

The main thing to remember is that you have lost your uncle not gained a legacy, any monies that you may gain as your part of the estate should not be counted on but looked on as a parting gift from your uncle.

Mojisola

Fellows_67 wrote: »

My Uncle passed away in July 2010, he did not leave a will. His wife had died some years earlier and they had no children.

My mum (deceased) was his sister. He has two remaining living siblings. I am aware that one of them, my Aunt, is dealing with his estate. His house was sold earlier this year.

I received correspondence from my Aunts appointed solicitor in May this year asking for my proof of identity (as did my sister and a number of cousins).

Since then nothing. I have spoken to the solicitor on one ocassion and e-mailed her once asking for progress. The first time she advised she was still waiting for proof of identity from another of the beneficiarIes but once that was recieved the estate would be settled. On the latest ocassion the solicitor responded stating she was still waiting for a final closing figure from a utility supplier. She also stated that she was fed up of being inundated for information from a number of beneficiaries (it's a large family)! She went on to say that as she was appointed by my Aunt and answerable to her alone (and she wasn't chasing for progress) that if she received any further queries she would start charging individuals for dealing with them. This threat has had the desired effect and I haven't chased for progress since but I'm keen to know when this matter will be settled!

Unfortunately I am not on speaking terms with my Aunt so I cannot ask her directly. Do I have any rights to press the solicitor for a date when everything will be settled? How do I and the other beneficiaries know that the estate will be divided fairly?

Assuming this is in England or Wales, it's strange that cousins were asked for identification. If there were two surviving siblings and your mother, the estate should have be divided into three - the siblings would have one-third each and your mother's third would be divided between her children.

If the house has been sold and the solicitor is only waiting on small bills like utilities, there is no reason why an interim payment of the bulk of the estate shouldn't be paid out.

Your Aunt must have applied for the right to administer the estate - a Grant of Representation. She has to meet the legal obligations associated with that position. As a beneficiary, you should receive a set of accounts showing how the estate has been dealt with.

If you can't approach your Aunt directly, you could write asking for an update. Otherwise, ask a solicitor to write on your behalf but you will be charged for that.