Probate/intestacy stalemate query

AMILLIONDOLLARS

posttokev wrote: »

Quick query on file notes if anyone can help, please...

Am I right in thinking that, once my mother has responded to her brother's issuing of proceedings (to say that she is prepared to go to court over this and will be filing a defence), this is the point at which his solicitors are now compelled to release all the file notes they've been refusing to disclose thus far?

I'd ask your Mum's Solicitors this question? Best to get the answer from the horse's mouth!

lorton

Hi.... I have to swear an oath to obtain probate fro my late fathers estate. (died intestate). However, he had a partner for a number of years, and had another child whom is now 16.

My fathers partner completed all the forms and has asked me to be an executor. I now have the document in hand although it only states that my father had one child. It also states that everything should be collected and for the benefit of this child. No mention of me or my brother, other than myself being named as an executor.

My question is if the document says he only died leaving one child, does this become a legal document stating he has one child, therefore everything goes to her.? Also when it states that everything should be collected for the benefit of the one child, does this supersede the rules of intestacy. Am i signing the oath and therefore signing away all my rights??

Very confused!!!!!!!!! thanks for the help

rpc

1. Start your own thread
2. Intestate deaths do not go to probate and (in England and Wales) do not have an executor. The process is obtaining letters of administration and the personal representative is called the administrator.
3. Do not lie on official documents. If your father had three children, the applications for letters of administration should reflect this.

The cynic in me says that the partner wants the estate to go to her offspring entirely, when it should be split between your father's three children in equal shares (barring any other valid claim).

troubleinparadise

lorton wrote: »

Hi.... I have to swear an oath to obtain probate fro my late fathers estate. (died intestate). However, he had a partner for a number of years, and had another child whom is now 16.

My fathers partner completed all the forms and has asked me to be an executor. I now have the document in hand although it only states that my father had one child. It also states that everything should be collected and for the benefit of this child. No mention of me or my brother, other than myself being named as an executor.

My question is if the document says he only died leaving one child, does this become a legal document stating he has one child, therefore everything goes to her.? Also when it states that everything should be collected for the benefit of the one child, does this supersede the rules of intestacy. Am i signing the oath and therefore signing away all my rights??

Very confused!!!!!!!!! thanks for the help

Dear Lorton,

Can I suggest you move this to start a new thread on this matter? You will get more responses that way, I suspect.

As a brief answer to your question: why would you sign something that you know to be incorrect? That seems wrong to me, let alone doing it under oath.

Read up on the rules of intestacy and who is entitled to inherit under such rules. As to whether the issue of a dependent child (as opposed to an adult child who is not financially dependent on the deceased parent) takes precedence over other children I am not sure - again, read up on the rules.

It sounds as though you would be wise to seek professional legal advice before you sign any papers - for a cost of approximately £200 for an hour's advice you could save yourself a lot of money, stress and heartache for the future. Sometimes solicitors will give you a half an hour for free.

AMILLIONDOLLARS

lorton wrote: »

Hi.... I have to swear an oath to obtain probate fro my late fathers estate. (died intestate). However, he had a partner for a number of years, and had another child whom is now 16.

My fathers partner completed all the forms and has asked me to be an executor. I now have the document in hand although it only states that my father had one child. It also states that everything should be collected and for the benefit of this child. No mention of me or my brother, other than myself being named as an executor.

My question is if the document says he only died leaving one child, does this become a legal document stating he has one child, therefore everything goes to her.? Also when it states that everything should be collected for the benefit of the one child, does this supersede the rules of intestacy. Am i signing the oath and therefore signing away all my rights??

Very confused!!!!!!!!! thanks for the help

Sounds like you are signing away your rights, this website might be helpful

https://www.gov.uk/wills-probate-inheritance/if-the-person-left-a-will

AMD

Fire_Fox

lorton wrote: »

Hi.... I have to swear an oath to obtain probate fro my late fathers estate. (died intestate). However, he had a partner for a number of years, and had another child whom is now 16.

My fathers partner completed all the forms and has asked me to be an executor. I now have the document in hand although it only states that my father had one child. It also states that everything should be collected and for the benefit of this child. No mention of me or my brother, other than myself being named as an executor.

My question is if the document says he only died leaving one child, does this become a legal document stating he has one child, therefore everything goes to her.? Also when it states that everything should be collected for the benefit of the one child, does this supersede the rules of intestacy. Am i signing the oath and therefore signing away all my rights??

Very confused!!!!!!!!! thanks for the help

Why is the partner completing forms and choosing administrators, were they married or not? If not they are not next of kin so ignore their forms, complete your own with factual accuracy and become administrator. If there are three children eligible to inherit the forms must reflect this and any administrator should split the estate accordingly.

Mojisola

Fire_Fox wrote: »

Why is the partner completing forms and choosing administrators, were they married or not? If not they are not next of kin so ignore their forms, complete your own with factual accuracy and become administrator.

If there are three children eligible to inherit the forms must reflect this and any administrator should split the estate accordingly.

A minor who was still being supported financially by the deceased could have a greater call on the estate than older, independent siblings.

madbadrob

Mojisola wrote: »

A minor who was still being supported financially by the deceased could have a greater call on the estate than older, independent siblings.

Not under the rules of intestacy they dont. When a person dies intestate the first person entitled to the estate is the spouse or civil partner. If none exist then the estate is split equally between any issue of the deceased. If there are no issue then it goes in equal shares to the parents. If they have died it then goes in equal shares to the full blood siblings or their issue, if none survive then it goes to half blood siblings or their issue (if there was any) If none survive then it goes to grandparents and if they are deceased it goes to aunt and uncles on both the Maternal and Paternal famiies in equal shares or their issue if none survive. If at that point there are no living heirs the estate will after 30 years fall to the government. This however is different under Scottish Law where you can keep going back and then forward until you find living heirs.

getmore4less

Dependant minor would possibly have a claim under the 1975 act which trumps Intestecy

http://www.legislation.gov.uk/ukpga/1975/63

Mojisola

madbadrob wrote: »

Not under the rules of intestacy they dont.

getmore4less wrote: »

Dependant minor would possibly have a claim under the 1975 act which trumps Intestecy

http://www.legislation.gov.uk/ukpga/1975/63

This is what I was thinking of.