Probate/intestacy stalemate query

posttokev

Dear All,

I was hoping someone might be able to help me with a probate/intestacy matter. I have simplified the circumstances as best I can below.

My maternal grandmother died intestate in January 2012, shortly after which her son sold his home and moved into the home formerly occupied by my maternal grandparents. My mother wishes that the proceeds of my grandmother's estate be split 50 - 50 between herself and her brother. (They are the only two children of my grandparents.) However, he insists that he is entitled to the entirety of the estate.

Correspondence between solicitors for both parties appears to have reached a stalemate and I am looking for some guidance as to how my mother can best proceed with this matter without incurring significant costs.

Please could you tell me:

If my uncle can legally reside at the home formerly occupied by my maternal grandparents under these circumstances.

If there are any means by which my mother can enforce the eviction of my uncle from this property whilst he refuses to address the issue of the distribution of the estate .

If there are any means by which my mother can break the current stalemate and enforce the distribution of the estate on a 50 - 50 basis between herself and her brother.

Any help you can offer me would be very much appreciated.

Thank you very much for your help,

Kevin.

Gingernutty

Try this questionnaire. The laws are different according to where in the country you are.

If there was no will and no other relatives, then the estate must be distributed equally between the remaining offspring (your mum and your uncle).

Your uncle's solicitor should have explained this, but what he actually told the solicitor is anyone's guess.

Either your uncle can buy out your mother's share to own the house outright or he has to leave.

Hoe you get him to leave is beyond me.

posttokev

Just to clarify, this does not concern inheritance tax as this is not a concern in this case.

Gingernutty

Yeah, but the page I directed you to takes you through the steps to determine who inherits what in such a case.

posttokev

Cheers. We know that, as there is no will, the estate should be split 50 - 50 between my mother and her brother (my uncle), but there is a stalemate as he believes the entirety of the estate should go to him. I am looking to ascertain what we can do to move this forward.

NAR

Your mother should put the property up for sale. Her solicitor can write to uncle's solicitor setting out the intestate rights, saying this is why she has put the house up for sale and ask why he has not instructed your uncle about the intestacy rules.

posttokev

Would my mother not need the permission of my uncle to do this though? (As legally they both own the house now, although my uncle feels that it should be solely his.)

RAS

Has either uncle or mother applied for probate (letters of administration)?

daska

Have either of them applied for letters of administration? If not why not?

What grounds is your uncle's solicitor citing to justify disinheriting your mother?

posttokev

Does probate apply if there isn't a will?

posttokev

I do not know if he has applied for letters of administration as we have no contact with him. Can my mother do this or can he block her?